K H SANTOSH KUMAR vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:18146
CRL.P No.101960 of 2026
CNR: KAHC020141322026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 5 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.101960 OF 2026
(439(Cr.PC)/483(BNSS)
BETWEEN:
K.J. SANTOSH KUMAR
S/O. K. JAYANNA,
AGED ABOUT 41 YEARS,
R/O. BASAVESHWARA NAGARA,
NEAR DARABENDRE SCHOOL,
KOTTUR TOWN, KUDLIGI,
VIJAYANAGARA-583135,
(NOW IN JC SINCE 14.9.2025)
… PETITIONER
(BY SRI. R.M.JAVED, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH KOTTUR P.S.
REP. STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENCH AT DHARWAD-580001
… RESPONDENT
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
(BY SRI. JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS,
2023, PRAYING TO ALLOW THIS PETITION AND ENLARGE THE
PETITIONER/ACCUSED NO.1 ON BAIL IN CONNECTION WITH
KUDLIGI P.S CRIME NO.190/2025 (NOW CC.NO.1218/2025) FOR THE
ALLEGED OFFENCES PUNISHABLE U/SEC.85, 108, 3(5) OF BNS,
PENDING FILE BEFORE CIVIL JUDGE (SR.DN.) AND JMFC, KUDLIGI.
THIS PETITION, COMING ON FOR FURTHER ARGUMENTS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
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CRL.P No.101960 of 2026
CNR: KAHC020141322026
ORAL ORDER
Heard Sri R.M.Javed, learned counsel for the petitioner
and Sri Jairam Siddi, learned High Court Government Pleader
for the respondent-State.
2. This petition is filed by the petitioner/accused No.1
under Section 439 of the Code of Criminal Procedure Code,
1973 / Section 483 of the Bharatiya Nagarik Suraksha Sanhita,
2023, seeking to enlarge him on regular bail in connection with
Crime No.190/2025 (C.C.No.1218/2025) of Kottur Police
Station, Vijayanagara District, registered for the offences
punishable under Sections 85, 108, 3(5) of the Bharatiya Nyaya
Sanhita, 2023, pending on the file of the learned Civil Judge
(Sr.Dn) and JMFC Court, Kudligi, Vijayanagara District.
3. The brief facts of the prosecution case in nutshell
are as under:
Accused No.1 is the husband of deceased Soumya. Their
marriage was solemnized on 17.04.2017. Out of their wedlock,
they got a child. After the marriage, the relationship of accused
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NC: 2026:KHC-D:18146
CRL.P No.101960 of 2026
CNR: KAHC020141322026
No.1 with the deceased was cordial for a couple of years and
thereafter they started to harass the victim both physically and
mentally. On 13.09.2025, accused No.1 to 3 took quarrel with
the deceased and insisted her to hand over the Mangalya chain
to them and in this regard they also voluntarily caused hurt by
their hands and legs to the deceased. Hence on 13.09.2025 at
08:00 p.m., the deceased committed suicide in her bedroom by
hanging to the ceiling fan. Thus the defacto complainant lodged
the complaint. This led to restrained of FIR and investigation.
During the course of investigation, the petitioner/accused No.1
was arrested and in turn, he was remanded to the custody.
4. Learned counsel for the petitioner vehemently
contended that the petitioner has been falsely implicated in the
case without any basis, the defacto complainant lodged the
complaint. Further, the defacto complainant is a hearsay
witness and he was not at all present. Now the investigation is
completed and the I.O. has filed the charge sheet to the
Jurisdictional Court. It is further contended that accused No.2
and 3 are already enlarged on bail. The allegation against
accused No.1 and accused No.2 and 3 are similar. Hence on the
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HC-KAR
NC: 2026:KHC-D:18146
CRL.P No.101960 of 2026
CNR: KAHC020141322026
ground of parity also, the petitioner is seeking regular bail.
Further, the petitioner is ready and willing to abide by the
conditions to be imposed by this Court. On all these grounds,
learned counsel prayed to allow the petition.
5. Per contra, learned HCGP vehemently contended
that there is a prima facie case against the petitioner and he is
involved in heinous offence. The petitioner has harassed the
deceased both physically and mentally, assaulted her. Hence,
she committed suicide by executing death note. If the
petitioner is released on bail, he may tamper the prosecution
witness and hamper the trial. Accused No.2 and 3 were
enlarged on bail on the ground of their age-old ailments, hence
parity cannot be extended to him. Thus, learned HCGP prayed
to dismiss the petition.
6. On perusal of the material available on record, it
appears that the relationship of accused No.1 with the
deceased was cordial from 2017 till 2025. Thereafter, the
petitioner, accused No.2 and 3 started to harass the deceased
on account of handing over of Mangalya chain to them and on
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CRL.P No.101960 of 2026
CNR: KAHC020141322026
the day of alleged incident i.e. on 13.09.2025, accused No.1 to
3 picked up a quarrel with the deceased, abused her and also
voluntarily caused hurt. In this regard, she executed a death
note and committed suicide by hanging in the matrimonial
house. The specific allegation made against the present
petitioner is that he was harassing the deceased frequently.
7. In order to attract Section 306 of IPC/Section 108
of BNS, 2023 which deals with abetment of suicide, the
prosecution requires to prove that the petitioner actively
instigated or aided the deceased in committing suicide. This
requires a direct and approximate link between the action of
the petitioner and the victim's suicide. Mere allegations or
insults, without evidence of a direct link or intention to push the
victim to suicide, are not sufficient to establish guilt under
Section 108 of BNS. In the facts and circumstances of the case,
the prosecution must establish the ingredients of Section 108 of
BNS.
8. Considering the nature of offence, gravity of the
offence and antecedents of the petitioner and the fact that his
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CRL.P No.101960 of 2026
CNR: KAHC020141322026
parents i.e. accused No.2 and 3 are already enlarged on bail
and further the allegation against accused No.2 and 3 and as
that of accused No.1 are similar. Hence, on the ground of parity
also, the petitioner is entitled for grant of bail.
9. Accordingly, the Court proceeds to pass the
following:
O R D E R
allowed
Criminal Petition is . The respondent-police are
directed to release the petitioner/accused No.1 in connection
with Crime No.190/2025 (C.C.No.1218/2025) of Kottur Police
Station, Vijayanagara District, registered for the offences
punishable under Sections 85, 108, 3(5) of the Bharatiya Nyaya
Sanhita, 2023, pending on the file of the learned Civil Judge
(Sr.Dn) and JMFC, Kudligi, Vijayanagara District, subject to the
following conditions:
i) Petitioner shall execute a personal bond in a
sum of Rs.2,00,000/- (Rupees two lakh only)
with two sureties for the likesum to the
satisfaction of the trial Court/jurisdictional
Court.
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CRL.P No.101960 of 2026
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ii) Petitioner shall attend the Court regularly as
and when required;
iii) Petitioner shall not threaten or tamper with the
prosecution witnesses directly or indirectly;
iv) Petitioner shall not involve in similar offence or
any other offences in future.
If any of the above conditions are violated, the
prosecution is at liberty to move the Court for cancellation of
bail.
It is made clear that the above observations made herein
are only for disposal of the present petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
CLK
CT:GSM
List No.: 1 Sl No.: 13