V. Srishananda, J
1. Heard Sri.Shivaraj S. Balloli, learned counsel for the petitioner and Sri.P.N.Hatti, learned High Court Government Pleader for the respondent/State.
2. Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with the following prayer:
“Wherefore, in the light of the above, this Hon’ble Court may be pleased to grant anticipatory bail to the petitioner/accused No.1 in Crime No.220/2025 on the file of the learned I Additional District and Sessions Judge Haveri, of Guttal Police Station, Haveri District, wherein FIR is filed before the Court of the learned Additional Civil Judge and JMFC, Haveri for the commission of the alleged offence punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023 to meet the ends of justice.”
3. Upon the complaint lodged by Karabasareddy with Guttal Police, a case came to be registered in Crime No.220/2025 for the offence punishable under Section 108 of Bharatiya Nyaya Sanhita, 2023.
4. Facts of the complaint in the nutshell would reveal that Triveni being the daughter of the second wife of the complainant, after completing 10th Standard, did not pursue the education.
5. She had a love affair with Kumara son of Hanumantagowda and the same was revealed by her to the complainant about 15 days to the incident.
6. The family did not agree for the said love affair and they were looking for an alliance to Triveni. But they also decided that if Triveni is adamant, they would marry Triveni to Kumara.
7. When the matter stood thus, on 06.12.2025 at about 09.00 a.m., Triveni intimated the decision of the family to Kumara that the family is agreeable to the love affair and they are prepared to marry her to Kumara. It seems Kumara told Triveni that he is not interested in her. Triveni replied that if he does not agree for the marriage, she has to commit suicide for which the Kumara said that it is her wish, if she is willing to die by committing suicide, she may do so.
8. The conversation and the quarrel in that regard was intimated by Triveni to the complainant in the presence of his son Bhoomareddy and sister of the complainant by name Ratnavva.
9. However, they assured that they will talk to the family members of Kumar and wanted to set right the differences.
10. When the matter stood thus, at about 07.12.2025, when the son of the complainant had been to his agriculture field, sister of the complainant – Ratnavva wanted to visit her place and therefore, complainant accompanied her and left the victim girl alone in the house.
11. At about 09.00 a.m., when complainant and his mother Sharavva visited the house, Triveni had committed suicide by hanging herself with the help of a saree.
12. Immediately, she was brought down from the hanging position and taken to a private hospital. But the doctor who examined her told that she is no more and accordingly, complaint came to be lodged against the petitioner herein.
13. Attempt made by the petitioner to obtain an order of anticipatory bail is turned down by the learned Sessions Judge and thereafter, petitioner is before this Court.
14. Learned counsel for the petitioner would contend apart from the love affair said to have existed between the petitioner and Triveni, there is no other incriminating material which would prima facie attract the offence alleged against the petitioner.
15. He would further emphasize that mere words stating that ‘go and die’ would not per se amount to abatement to suicide and therefore, petitioner is to be enlarged on anticipatory bail.
16. Per contra, learned High Court Government Pleader for respondent would oppose the bail grounds by contending that having had the love affair with the deceased and when deceased and her family members have agreed for the marriage proposal, unilaterally petitioner turned down the request of Triveni, which resulted in Triveni committing suicide and there is a direct nexus between the incident and the refusal to marry and therefore, ingredients to attract the abatement to suicide is prima facie available in the facts and circumstances of the case and sought for the dismissal of the bail petition.
17. He would further contend that custodial interrogation of the petitioner is necessary in order to unearth the truth in the incident and for effective investigation and thus, sought for rejection of the bail petition.
18. Having heard the arguments of both sides, this Court perused the material on record meticulously.
19. On such perusal of the material on record, it is crystal clear that there was a telephonic call previous day to the date of incident between the deceased and the petitioner.
20. According to the complainant, his son and sister of the complainant, the refusal of the proposal is intimated by deceased to them and they had assured that they will have a conversation with the family members of the petitioner and arrive at a positive result and to the deceased.
21. Despite the same, the very next day, at about 08.00 a.m., taking advantage of the loneliness, she committed suicide by hanging herself in her house with the help of a saree. What made the Triveni to commit the suicide is a matter that needs to be investigated.
22. According to the complainant, refusal to marry Triveni by the petitioner is the reason for Triveni committing suicide and therefore, sought for action.
23. These matters require custodial interrogation as is rightly contented by the learned High Court Government Pleader. But at the same time, right of the petitioner cannot be lost sight of especially only on suspicion if a complaint is filed against the petitioner.
24. Taking note of the same, to arrive at a harmonious balance between the right of the petitioner and the need of the prosecution, if the petitioner is directed to join the investigation and undergo limited period of custodial interrogation, ends of justice would be met.
25. It would also result in facilitating the investigation process as well.
26. According, following:
ORDER
i. Petition is allowed.
ii. Petitioner is directed to join the investigation by appearing before the Investigation Officer positively on 24.01.2026 at 09.00 a.m.
iii. Investigation Officer is at liberty to take the petitioner to custody and conclude the custodial interrogation on the very same day before 07.00 p.m. and thereafter, enlarge the petitioner on bail by taking a bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigation Officer.
iv. Petitioner shall cooperate with the Investigation Agency in all respects.
v. Petitioner shall not tamper the prosecution witnesses in any manner.
vi. Petitioner shall appear before the Court regularly.
vii. Petitioner shall mark his attendance before the Investigation Officer between 10.00 a.m. to 2.00 p.m. every third Sunday till the final report is filed.
viii. Petitioner shall not leave the jurisdiction of Haveri jurisdiction without prior permission.
Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail.
