Mr Manigandan S v. State of Karnataka

NC:(2025:KHC:54482( CRL.P(No.(15675(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(19 (DAY(OF(DECEMBER,(2025(

BEFORE( THE(HON'BLE(MR.(JUSTICE(SHIVASHANKAR(AMARANNAVAR( CRIMINAL(PETITION(No.(15675(OF(2025((439(Cr.PC)(/( 483(BNSS))( BETWEEN:(( (

1., MR,MANIGANDAN,S, AGE,ABOUT,35,YEARS, S/O,SHANMUGAM,K,,

No.,47,MUNESHWARA,LAYOUT,, M,R,PALYA,,R,T,NAGAR,, BENGALURU,–,560,032.,

…PETITIONER, , (BY,SRI,SANDESH,J,CHOUTA,,SENIOR,COUNEL,FOR,,

SRI,JOSEPH,ANTHONY,,ADVOCATE), ( AND:(

(

1., STATE,OF,KARNATAKA, BY,VIDYARANYAPURA,POLICE,STATION,, BANGALORE,–,560,097.,Digitallytisignedtiby LAKSHMINARAYANA REP.,BY,THE,KSTATE,PUBLIC,, MURTHY0RAJASHRI PROSECUTOR,ATTACHED,TO,THE,,Location:0HIGH COURT0OF HON'BLE,HIGH,COURT,OF,KARNATAKA., KARNATAKA …RESPONDENT, , (BY,SRI,CHANNAPPA,ERAPPA,,HCGP), , , THIS,CRL.P,IS,FILED,UNDER,SECTION,439,Cr.PC,(FILED,U/S, 483,BNSS),PRAYING,TO,ENLARGE,THE,PETITIONER,ON,REGULAR, BAIL,, ON, ANY, TERMS, AND, CONDITIONS, DEEMED, FIT, BY, THIS, HON'BLE, COURT, IN, FIR, No.354/2025, DATED, 18.10.2025, THREGISTERED, BY, VIDYARANYAPURA, P.S.,, FOR, 7 , ADDL., CMM, COURT,, NRUPATHUNGA, ROAD,, BANGALORE, CITY, FOR, THE,

ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 103 OF BNS 2023.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by the sole accused under Section 483 of BNSS praying to grant bail in Crime No.354/2025 of Vidyaranyapura Police Station registered for offence under Section 103 of the BNS.

¶2Heard learned Senior Counsel for the petitioner and learned High Court Government Pleader for the respondent –State.

¶3Learned Senior Counsel for the petitioner would contend that the marriage of the petitioner with the deceased had taken place on 06.06.2011 and out of marriage they have two sons aged 13 years and 04 years. On the date of incident there was a quarrel between the petitioner and the deceased with regard to painting of the house and upset by the same the deceased might have committed suicide.

The father of the deceased has filed a complaint and on that basis case came to be registered for offence under Section 103 of BNS. Now charge sheet has been filed for offence under Section 108 of BNS indicate that deceased has committed suicide. In the post mortem report, the doctor has opined that death is due to asphyxia as a result hanging. The deceased has not left any death or suicide note. There is no abatement or instigation by the petitioner to the deceased to commit suicide. Persons will commit suicide for several reasons not necessarily the abatement. On that point, learned Senior Counsel for the petitioner has placed reliance of the Apex Court in the case of Ude Singh and Others Vs State of Haryana1 wherein it is observed as under

"16.2. We may also observe that human mind could be affected and could react in myriad ways; and impact of one's action on the mind of another carries several imponderables. Similar actions are dealt with differently by different persons; and so far a particular person's reaction to any other human's action is concerned, there is no specific

1 Reported in (2019)17 SCC 301

theorem or yardstick to estimate or assess the same. Even in regard to the factors related with the question of harassment of a girl, many factors are to be considered like age, personality, upbringing, rural or urban set ups, education etc. Even the response to the ill-action of eve-teasing and its impact on a young girl could also vary for a variety of factors, including those of background, self-confidence and upbringing. Hence, each case is required to be dealt with on its own facts and circumstances."

He further contends that as the charge sheet is filed, the petitioner is not required for further custodial interrogation. The petitioner is in judicial custody since

21.10.2025. With this he prayed to allow the petition.

¶4Per contra, learned High Court Government Pleader for the respondent -State would contend that the investigation is over and charge sheet has been filed against the petitioner for offence under Sections 85 and 108 of BNS. He further submits that the column No.17 of the charge sheet indicates that there was a quarrel between the petitioner and deceased with regard to painting of the house and in that

regard the petitioner has quarreled, abused and scolded the deceased in front of their son. Due to which the deceased was upset, locked in room and committed suicide by hanging. The offence alleged against the petitioner is provided with punishment of imprisonment which may extend upto 10 years. With this he prayed to reject the petition.

¶5Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record.

¶6Even though, the case has been registered for offence punishable under Section 103 of BNS on the complaint of father of the deceased, the charge sheet has been filed against the petitioner for offences punishable under Sections 85 and 108 of BNS. As per Cl.No.17 of the charge sheet, the petitioner has abused, scolded and assaulted the deceased in front of their son. Due to that the deceased was upset, locked herself in the room and committed suicide by hanging whether the act of abusing, scolding and assaulting amounts to abatement to commit

suicide is matter of trial. The petitioner is in judicial custody since 21.10.2021 and as the charge sheet is filed, the petitioner is not required for further custodial interrogation. The offences alleged against the petitioner are not punishable either with death or imprisonment. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of bail with conditions.

¶7In the result, the following ORDER

i) The petition is allowed.

ii) The petitioner is granted bail in Crime No.354/2025 of Vidyaranyapura Police Station for offences punishable under Sections 85 BNS and 108 of BNS subject to following conditions. a) The petitioner -accused shall execute personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdiction of Court.

b) The petitioner -accused shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner -accused shall attend trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

DSP List No.: 1 Sl No.: 9 Ct.sm