Smt. Himabindu S K v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14029 OF 2026 BETWEEN:

¶1SMT. HIMABINDU S.K W/O SUBRAMANYA RAJU M AGED ABOUT 22 YEARS R/AT NO.29, ARVINDA SCHOOL ROAD NEAR MILK ROAD, ANEKAL BENGALURU - 562 106.

¶2MANJULA S.K D/O SUBRAMANI AGED ABOUT 38 YEARS R/AT NO.11, KARIYAMMANA AGRAHARA, BELLANDUR BENGALURU - 562 103. …PETITIONERS (BY SRI MANJUNATH M.R, ADV.) AND:

THE STATE OF KARNATAKA BY ANEKAL P.S, BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.124/2026 REGISTERED BY ANEKAL P.S., FOR THE OFFENCES P/U/S 108 R/W 3(5) OF BNS, 2023, PENDING BEFORE THE PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT, ANEKAL, BENGALURU RURAL DISTRICT.

by NANDINI M S Location: HIGH COURT OF KARNATAKA

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 nos.1 & 2 in Crime No.124/2026 registered by Anekal Police Station, Bengaluru District, for the offences punishable under Sections 108 read with 3(5) of BNS, 2023, are 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.124/2026 was registered by Anekal Police Station, Bengaluru District, for the aforesaid offences against the petitioners herein based on the first information dated 21.04.2026 received from Mamatha - sister of deceased Subramanyaraju. Apprehending arrest in the said case, petitioners had filed Crl. Misc. No.5315/2026 before the jurisdictional Sessions Court, which was dismissed on

06.07.2026. Therefore, they are before this Court.

¶4Perusal of the material on record would go to show that petitioner no.1 is the wife and petitioner no.2 is the mother-in-

law of deceased Subramanyaraju. The marriage of the deceased with petitioner no.1 was performed about four years prior to the alleged date of incident. A reading of the first information would reveal that for the last 3 1/2 years, deceased was not working and sitting idle at home. It appears that the couple had no issues from their wedlock. Subramanyaraju had committed suicide in his house by hanging himself on

20.04.2026. Subsequently his sister had approached the police alleging that Subramanyaraju had committed suicide since the petitioners were constantly quarrelling with him. However, there is no such mention of any act committed by the petitioners immediately prior to Subramanyaraju committing suicide which would have either abated or instigated Subramanyaraju to commit suicide. Petitioners are married ladies having no other criminal antecedents. They have undertaken to cooperate with the police for the purpose of investigation. The postmortem report of the deceased would go to show that death is as a result of asphyxia due to hanging. Under the circumstances, I am of the opinion that petitioners'

prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order:

¶5The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.124/2026 registered by Anekal Police Station, Bengaluru District, for the offences punishable under Sections 108 read with 3(5) of BNS, 2023, subject to the following conditions:

¶1The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer.

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

¶3Petitioners shall not tamper with the prosecution witness and they shall co-operate

with the police for investigation and appear before them whenever called upon.

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

Sd/- (S VISHWAJITH SHETTY) JUDGE

KK