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Karnataka High Court
Chirag S/O Chandrahas Kotharkar vs The State Of Karnataka on 10 March, 2026
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CRL.P No. 100328 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 10TH DAY OF MARCH 2026
BEFORE
THE HON'BLE MRS JUSTICE GEETHA K.B.
CRIMINAL PETITION NO. 100328 OF 2026
(439(CR.PC)/483(BNSS))
BETWEEN:
CHIRAG S/O. CHANDRAHAS KOTHARKAR,
AGE: 20 YEARS, OCC: STUDENT,
R/O. TELANG ROAD, NEAR KANNADA SCHOOL,
NANDANAGADDE, TQ: KARWAR,
DIST: UTTARA KANNADA-581 301,
PRESENTLY STUDYING B.COM
AT P.E.S. UNIVERSITY, R.R. CAMPUS,
100 FEET RING ROAD, BSK II STAGE,
BENGALURU-580 085.
...PETITIONER
(BY SRI. S.V. YAJI AND SRI. GIRISH V. BHAT, ADVOCATES)
AND:
THE STATE OF KARNATAKA,
Digitally signed
by SAROJA
BY KADRA P.S.
HANGARAKI REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
Location: HIGH
COURT OF
KARNATAKA,
HIGH COURT OF KARNATAKA,
DHARWAD
BENCH
DHARWAD BENCH-580 011.
...RESPONDENT
(BY SRI. ABHISHEK MALIPATIL, AGA)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CRIMINAL PROCEDURE CODE AND SECTION 483 OF BNSS
PRAYING TO ALLOW THE PETITION AND ORDER TO RELEASE
THE PETITIONER ON BAIL IN KADRA P.S. CRIME NO.3/2026 FOR
THE ALLEGED OFFENCES UNDER SECTION 108, 249 (B) READ
WITH SECTION 3(5) OF BNS PENDING ON THE FILE OF
ADDITIONAL CIVIL JUDGE AND JMFC-2, UTTARA KANNADA
KARWAR, IN THE INTEREST OF JUSTICE AND EQUITY.
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CRL.P No. 100328 of 2026
HC-KAR
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE GEETHA K.B.
ORAL ORDER
Heard Sri S.S.Yadrami, learned Senior counsel for
Sri.S.V.Yaji for the petitioner and Sri Abhishek Malipatil,
learned AGA for respondent-State.
2. Learned Senior Counsel Sri S. S. Yadrami would
submit that he is not pressing for interim bail. Hence, heard
arguments of both sides on main petition.
3. This is the petition filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'the
BNSS, 2023') praying for grant of bail to petitioner in Crime
No.3/2026 of Kadra Police Station for the offences
punishable under Sections 108, 249(b) read with Section
3(5) of the BNS, 2023.
4. It is stated in the bail petition that the petitioner
is innocent of the offences alleged against him. The facts of
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the case are narrated in detail in the petition. It is further
stated that petitioner is a final year B.com student in P.E.S.
University, R.R. Campus, BSK II Stage, Bengaluru and
because of his arrest and detention, his studies and career
is greatly disturbed. He is a young boy of 20 years and a
regular student. The maximum sentence alleged against
petitioner is 10 years. It is not punishable either with death
sentence or life imprisonment. Petitioner would abide by the
terms and conditions that may be imposed for his release
on bail.
5. Per contra, learned AGA, Sri Abhishek Malipatil
appearing for the State files objections to the bail petition,
wherein it is stated that the offences alleged against
petitioner are heinous in nature. Only because of the
instigation by petitioner to go and die, the deceased has
committed suicide by hanging in her house. He also
narrated the facts of case in detail. The postmortem report
establishes that the death was due to asphyxia as a result
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of hanging. Hence, the petitioner is not entitled for bail.
Hence, prayed for dismissal of petition.
6. Heard arguments of both sides.
7. Having heard the arguments of both sides,
verifying the petition papers and objections, the point that
arises for consideration is, "Whether the petitioner is
entitled for bail?"
8. Finding of this Court on the above point is in
'Affirmative' for the following:
REASONS
9. The offence alleged against the petitioner is
punishable under Sections 108 and 249(b) of the BNS,
2023.
10. It is alleged in the petition that the petitioner and
deceased were classmates in St. Joseph's College, Karwar.
While they were studying in college, they were good friends.
It is stated in the complaint that the deceased has
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completed her aviation course and ought to attend for her
job in a short while. On 09.01.2026, when the first
informant had been to his job, at about 03.00 p.m., he
received a phone call from his wife that his daughter has
committed suicide with the help of ligature saree to the fan
of their bedroom and they have shifted her to the Govt.
Hospital, Karwar, wherein the doctor declared her as dead.
The deceased was often talking with the petitioner through
phone. He was always roaming in front of their house. The
deceased and petitioner were known to each other.
Petitioner was always insisting deceased to love him, but
she refused for it and he told her that there is no meaning
in her life and she can go and die and because of his
instigation, the daughter of first informant has committed
suicide in between 02.30 p.m. and 02.45 p.m. of the day of
lodging the complaint.
11. After receipt of complaint, the Investigating
Officer has commenced the investigation, has drawn spot
panchanama and inquest panchanama and also the doctor
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has conducted postmortem on dead body and statements of
material witnesses is recorded. However, charge-sheet is
not yet filed as investigation is not fully completed.
12. The present petitioner was arrested on
30.01.2026 and produced before the learned JMFC, who has
remanded the petitioner to J.C. Thus, he is not required for
police interrogation. The only allegation made against the
petitioner in the complaint is that he instigated the
deceased 'to go and die'.
13. The Hon'ble Apex Court in several cases held that
mere using the words 'to go and die' would not constitute
the offence under Section 108 of BNS, 2023.
14. The alleged offence against the petitioner is
punishable under Section 108 of the BNS, 2023. The
maximum punishment for this offence is 10 years with fine
and triable by the Court of Sessions.
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15. Earlier, the petitioner has filed anticipatory
petition and during pendency of said petition, he was
arrested and hence it was withdrawn and petition under
Section 483 of the BNSS, 2023 was filed before the District
Court and registered as Crl.Misc.No.57/2026. Said petition
was rejected on 10.02.2026 only on the ground that there
is chance of abscondence of petitioner and the offence
alleged against him is heinous in nature.
16. Learned counsel for the petitioner has filed a
memo dated 10.03.2026 with translated copies of
WhatsaApp chats of petitioner with deceased. They prima
facie reveal that petitioner and deceased were loving each
other and it appears that mother of the deceased was not
happy with their love affair because both of them belong to
different religion.
17. The petitioner is a student aged about 20 years
and studying in final year B.com of P.E.S. University,
Bengaluru. His custodial interrogation is not required.
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Always 'bail is a rule and jail is an exception' is the principle
noted in catena of decisions of Hon'ble Apex Court.
18. Learned counsel for petitioner has produced the
report of psychiatrist to show that even the petitioner was
under depression by hearing the news of suicide of the
deceased. Petitioner was examined by the doctor after his
remand to J.C. and doctor opined that the petitioner is
physically and mentally fit to be taken to custody.
19. All these things prima facie reveal that no
material is produced by the learned AGA that the petitioner
would abscond from the proceedings if he is released on
bail; there is no suicide note available; only some bald
allegations are made against the petitioner; the petitioner
cannot be kept in prison during crime stage, if pre-trial
custody is against his personal liberty. Hence, by imposing
some suitable conditions, the petitioner may be enlarged on
bail.
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20. If there is no prima facie case, chance of
tampering and threatening the prosecution witnesses and
nature of his abscondance would not arise.
21. As discussed above, already the statements of
material witnesses are recorded and hence the chance of
threatening the prosecution witnesses at this stage would
not arise. There is no strong prima facie case against the
petitioner. The only word used in the first information is
petitioner instigated the deceased 'to go and die', which is
not sufficient to attract the ingredients of Section 108 of
BNS, 2023. Section 249(b) of BNS, 2023 is not applicable to
the present petitioner.
22. For the above reasons, this Court holds that the
petitioner is entitled for bail with suitable conditions. Hence,
I proceed to pass the following:
ORDER
The bail petition filed under Section 483 of BNSS,
2023 (439 of Cr.P.C.) is hereby allowed.
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The petitioner is released on bail in Kadra Police
Station, Kadra Circle, Uttara Kannada District, on the file of
Addl. Civil Judge & JMFC-II, Uttara Kannada arising out of
Crime No.3/2026 for the offences punishable under
Sections 108, 249(b) read with Section 3(5) of BNS, 2023
on he executing self-bond for a sum of ₹.1,00,000/-
(Rupees One Lakh only) with two sureties for the likesum to
the satisfaction of learned JMFC and directed to produce his
I.D. and address proof documents with following
conditions:
1) The petitioner shall not tamper with any of the
prosecution witnesses either directly or
indirectly;
2) The petitioner shall not commit similar
offences;
3) The petitioner shall not abscond from the
proceedings.
4) The petitioner shall appear before the
Investigating Officer as and when called for
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investigation during the reasonable hours of
the day.
5) The petitioner shall appear and mark his
attendance before the Investigating Officer in
between 10.00 a.m. to 12.00 noon on 3rd
Sunday of every month, till filing of charge-
sheet.
6) In the event charge-sheet is filed and
cognizance is taken against the petitioner, the
petitioner shall appear before the Court
regularly without fail till completion of trial
without exception.
7) The sureties are directed to produce title deeds
of the property before the jurisdictional
Magistrate.
If any of these conditions are violated, then, the bail
bond will be automatically cancelled.
Sd/-
(GEETHA K.B.)
JUDGE
SH
CT-MCK LIST NO.: 38 SL NO.: 7
