- 1 - NC: 2025:KHC-K:2628 CRL.P No. 200744 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO.200744 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. MALLAPPA S/O KALLAPPA KHANDENOOR, AGE: 30 YEARS, OCC: LABOUR, R/O GARAMPALLI VILLAGE, TQ. CHINCHOLI, DIST. KALABURAGI – 585 102. 2. BASAPPA S/O KALLAPPA KHANDENOOR, AGE: 32 YEARS, OCC: LABOUR, R/O GARAMPALLI VILLAGE, TQ. CHINCHOLI, DIST. KALABURAGI – 585 102. …PETITIONERS (BY SRI. SUBHASH MALLAPUR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH CHINCHOLI POLICE STATION, DIST. KALABURAGI, REP. BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI-585 102. …RESPONDENT (BY SRI. MALLIKARJUN SAHUKAR, AGA) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2628 CRL.P No. 200744 of 2025 THIS CRL.P IS FILED U/S. 439 OF CR.P.C(OLD) / U/SEC 483 OF BNSS, PRAYING TO ALLOW THE PETITION FILED BY THE PETITIONERS AND TO GRANT REGULAR BAIL IN CRIME NO. 42/2025 REGISTERED BY CHINCHOLI POLICE STATION FOR THE OFFENCES PUNISHABLE U/SEC 108, 351(2), 352 AND SEC 3(5) OF THE BNS, ON THE FILE OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE AT KALABURAGI SITTING AT SEDAM. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1 and 2 in Crime No.42/2025 registered by Chincholi Police Station, Kalaburagi for offences punishable under Sections 108, 351(2), 352 read with Section 3(5) of the BNS, 2023 pending on the file of IV Addl. District and Sessions Judge at Kalaburagi sitting at Sedam are before this Court under Section 483 of BNSS seeking regular bail. - 3 - NC: 2025:KHC-K:2628 CRL.P No. 200744 of 2025 2. Heard the learned counsels for the parties. 3. FIR in Crime No.42/2025 was registered by Chincholi Police Station, Kalaburagi for the aforesaid offences against the petitioners herein, based on first information dated 20.03.2025 received from Vithal s/o Basappa, husband of deceased Sushilamma. During the course of investigation of the case, petitioners herein were arrested on 21.03.2025 and subsequently remanded to judicial custody. Bail application filed by the petitioners before the jurisdictional Sessions Court in Crl.Misc.No. 524/2025 was rejected on 17.04.2025. Therefore, the petitioners are before this Court seeking regular bail. 4. A perusal of the material available on record would go to show that there was some dispute with regard to certain landed property between the petitioners herein and the family of the first informant, who is the father in law of petitioner No.1. Petitioner No.2 is the elder brother petitioner No.1/accused No.1. Allegation in the first information against the petitioners is that on 20.03.2025 - 4 - NC: 2025:KHC-K:2628 CRL.P No. 200744 of 2025 in the background of a civil dispute with regard to certain immovable property, petitioners herein had abused the deceased and also her daughter, who is the wife of petitioner No.1/accused No.1. It appears that subsequently deceased, who is the mother in law of petitioner No.1/ accused No.1 had consumed insecticide and had committed suicide. Considering the nature of the allegations found in the first information, which prima facie shows that necessary ingredients so as to invoke the offence punishable under Section 108 of BNS, 2023 is lacking. I am of the opinion that prayer made by the petitioners, who have no other criminal antecedents and are agriculturists by profession, for grant of regular bail needs to be answered affirmatively. Accordingly, following order is passed. ORDER The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.42/2025 of Chincholi Police Station, Kalaburagi, - 5 - NC: 2025:KHC-K:2628 CRL.P No. 200744 of 2025 registered for the offences punishable under Sections 108, 351(2), 352 read with Section 3(5) of the BNS, 2023 pending before the IV Addl. District and Sessions Judge at Kalaburagi sitting at Sedam, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; - 6 - NC: 2025:KHC-K:2628 CRL.P No. 200744 of 2025 e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE NJ List No.: 1 Sl No.: 6 CT: AK