Najeer v. The State by Extension Police Station,

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14147 OF 2026

BETWEEN:

NAJEER S/O. BADASHYA NADAF, AGED ABOUT 41 YEARS, GOVT. TEACHER WORKS AT UMA MAHESHWARI SECONDARY EDUCATION SCHOOL (AIDED),MAVALI, SORABA TALUK – 577 429, SHIVAMOGGA DISTRICT.

R/O. LALASANGI VILLAGE, GOLSAR POST, VIJAYPURA DISTRICT – 586 217. …PETITIONER (BY SRI. S.G.RAJENDRA REDDY, ADVOCATE)

AND:

THE STATE BY EXTENSION POLICE STATION, DAVANAGERE, RPTD. BY S.P.P., HIGH COURT BUILDING, BENGALURU – 560 001 …RESPONDENT (BY SRI. RAHUL RAI.K, HCGP)

THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE HIM ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.131/2026 REGISTERED BY DAVANAGERE EXTENSION P.S., FOR THE OFFENCES P/U/S 108

by NANDINI M S Location: HIGH COURT OF KARNATAKA

R/W 3(5) OF BNS, 2023, PENDING BEFORE THE II ADDL. CIVIL JUDGE AND JMFC COURT, DAVANAGERE.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

¶1Accused no.1 in Crime No.131 of 2026 registered by Davanagere Extension Police Station, Davanagere District for offence punishable under Section 108 r/w Section 3(5) of BNS, 2023 is before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail.

¶2Heard the learned counsel for the parties.

¶3FIR in Crime No.131 of 2026 was registered by Davanagere Extension Police Station, Davanagere District against two unknown persons based on the first information dated 23.07.2026 received from Sri Pakkir Sab Babu Sab Nadaf, father of the deceased Saheera Bhanu. Apprehending arresting is the case, the petitioner had filed Crl.Misc.No.742 of 2026 before the jurisdictional Sessions Court which was rejected on 29.08.2026. Therefore, he is before this Court.

¶4A reading of the typed first information dated

23.07.2026 submitted by the father of the deceased Saheera Banu would reflect that Saheera Banu was married in the year 2011 and it appears that about 10 months prior to the date of the registration of FIR, her husband Hussain Miya had died. Subsequently, she was living in her house along with her children. It is alleged that the classmate of Saheera Banu had approached her and was pestering her to live with him. This was informed by her to her parents. Subsequently, she had committed suicide in her house on 22.07.2026 by hanging herself leaving behind a death note. It is under these circumstances, father of Saheera Banu had approached the police on 23.07.2026 and based on his first information, FIR was registered against two unknown persons.

¶5During the course of investigation since, the petitioner and his wife had received phone call from the investigation officer, they had approached the jurisdictional Sessions Court seeking anticipatory bail. It is submitted by the learned counsel for the petitioner that wife of the petitioner has been granted anticipatory bail by the jurisdictional Sessions

Court. The petitioner is said to be a government servant working as Hindi teacher in a school. The death note of the deceased, which is made available to this Court by the learned HCGP, does not reflect the name of the petitioner or his wife. Even otherwise the allegations found in the first information are not sufficient to prima facie invoke offence punishable under Section 108 of BNS, 2023. The petitioner who has no other criminal antecedents has undertaken to cooperate with the police for the purpose of investigation. Accordingly, the following: ORDER

(i) The Criminal Petition is allowed.

(ii) The respondent -Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.131 of 2026 registered by Davanagere Extension Police Station, Davanagere District for offence punishable under Section 108 r/w Section 3(5) of BNS, 2023, subject to the following conditions:-

¶1The petitioner shall appear before the Investigating Officer in the present case within a

period of fifteen days from the date of receipt of certified copy of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer/jurisdictional Court.

¶2The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

¶3The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon.

¶4The petitioner shall not involve in similar offences in future.

Sd/- (S VISHWAJITH SHETTY) JUDGE

NMS List No.: 1 Sl No.: 90