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Karnataka High Court
M.Sarathi vs State Of Karnataka By on 2 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:5813
CRL.P No. 17685 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 17685 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
M. SARATHI
S/O MUTHURAJ
AGED ABOUT 43 YEARS
R/AT NO.4, KHATHA NO.11
RAYASANDRA POST
HUSKUR
BANGALORE-560 099
...PETITIONER
(BY SRI. VEERANNA G. TIGADI, ADVOCATE FOR
SRI. MOHAMED KHAN A, ADVOCATE)
AND:
Digitally signed by STATE OF KARNATAKA BY
LAKSHMINARAYANA
MURTHY RAJASHRI SUDDAGUNTEPALYA POLICE STATION
Location: HIGH (REP. BY STATE PUBLIC PROSECUTOR
COURT OF
KARNATAKA HIGH COURT COMPLEX)
BENGALURU-01
...RESPONDENT
(BY SRI. M.R. PATIL, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C
(FILED U/S.483 BNSS) PRAYING TO RELEASE THE PETITIONER
ON BAIL IN CRIME NO.315/2025 REGISTERED BY THE
SUDDGUNTEPALYA POLICE STATION, BENGALURU CITY FOR
THE OFFENCE PUNISHABLE UNDER SECTIONS 107,108 OF BNS
ACT 2023 PENDING ON THE FILE OF THE CJM AT BENGALURU.
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CRL.P No. 17685 of 2025
HC-KAR
THIS PETITION, COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused No.2 under Section
483 of BNSS praying to grant bail in Crime No.315/2025 of
Suddguntepalya Police Station, registered for offences
under Section 107 and 108 of BNS.
2. Heard learned counsel for petitioner and learned
counsel for respondent/State.
3. Learned counsel for petitioner would contend that
the averments of the complaint indicate that all the three
deceased persons went to temple on 07.12.2025 i.e. the
previous day of the incident and that itself indicates that
they were happy and there was no occasion for them to
commit suicide. Whether the said death note is written
prior to 07.12.2025 when they visited the temple or
subsequently, is not made known in the death note. The
averments of the death note indicate that there are
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HC-KAR
monetary transactions between petitioner and the
deceased - Sudha. Deceased Monish Kumar, who is the
son of deceased - Sudha, whether committed suicide or
whether deceased - Sudha administered poison to him is a
matter of investigation. If deceased - Sudha has
administered the poison to deceased Monish Kumar, then
offence under Section 107 is not attracted against the
petitioner. What was the cause of suicide by Madamma is
not forthcoming. The said Madamma had talked with the
complainant on the same day at 07.55 a.m. Whether the
petitioner is the person whose acts abated the deceased
persons to commit suicide is a matter of investigation and
trial. The offence alleged against the petitioner under
Section 108 of BNS is provided with sentence which may
extend to 7 years. The petitioner is ready to co-operate
with the police in further investigation and abide by any
conditions to be imposed by this Court. There are no
criminal antecedents of the petitioner. With this, he prayed
to allow the petition.
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4. Per contra, learned HCGP would contend that
deceased - Sudha has left the death note wherein the
name of this petitioner has been specifically stated that he
had married deceased - Sudha and were doing business.
The petitioner who borrowed money from the deceased for
the business has not repaid which deceased - Sudha has
to repay the same to other persons from whom she
borrowed money. The investigation is in progress. If the
petitioner is granted the bail, there are chances of him
tampering the prosecution witnesses and hampering the
investigation. With this, he prayed to reject the petition.
5. Having heard the learned counsels, the Court has
perused the FIR, complaint and other materials placed on
record.
6. There is a death of three persons, namely Sudha,
Monish Kumar and Madamma. Monish Kumar is the son
and Madamma is the mother of deceased - Sudha.
Deceased-Sudha had relationship and business
transactions with the petitioner as per statements
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contained in the death note. As per death note, deceased
had money transactions with the petitioner and business
transactions with him. There is an allegation in the death
note that this petitioner has not repaid the money so as
deceased - Sudha to repay the same to the persons from
whom she borrowed and given it to the petitioner.
Whether non-payment of amount borrowed amounts to
abatement to commit suicide is a matter of investigation
and trial. Whether deceased - Monish Kumar, who is the
minor son of deceased - Sudha, has committed suicide or
whether Sudha has administered poison to him is a matter
of investigation. What was the reason for Madamma to
commit suicide has to be ascertained in the investigation.
The petitioner has undertaken to co-operate with the IO in
further investigation, if any. There are no criminal
antecedents of the petitioner. The offences alleged against
the petitioner are not punishable either with death or
imprisonment for life.
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7. Considering the above, the petitioner has made
out case for grant of bail with conditions. In the result, the
following:
ORDER
Petition is allowed. Petitioner is granted bail in Crime
No.315/2025 of Suddaguntepalya Police Station, subject
to following conditions:
(i) Petitioner shall execute a personal bond
for a sum of Rs.1,00,000/- with one
surety for the like-sum to the satisfaction
of the jurisdictional Court.
(ii) Petitioner shall not tamper the
prosecution witnesses either directly or
indirectly.
(iii) Petitioner shall attend the trial Court on
all dates of hearing unless exempted and
co-operate for speedy disposal of the
case.
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(iv) Petitioner shall co-operate with the IO in
further investigation, if any.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
List No.: 1 Sl No.: 6
