- 1 - NC: 2025:KHC:3218 CRL.P No. 520 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 520 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: SMT. SANGEETHA H.S. W/O. SRI. MUDDAPPA, AGED ABOUT 28 YEARS, R/O. BETHURU ROAD, DAVANGERE-577 006. …PETITIONER (BY SRI. M.V.HIREMATH, ADVOCATE) AND: STATE OF KARNATAKA BY POLICE SUB INSPECTOR KTJ NAGAR POLICE STATION, DAVANGERE. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.225/2024 DATED 14.12.2024 ON THE FILE OF KTJ NAGAR POLICE STATION, DAVANGERE AND ON THE FILE OF 3RD ADDITIONAL CIVIL JUDGE AND JMFC, DAVANGERE FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 108 AND 3(5) OF BNS ACT, 2023. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3218 CRL.P No. 520 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard learned counsel for petitioner/accused No.1, learned High Court Government Pleader for the State and perused the material on record. 2. In the complaint lodged by one Maheshwarappa, he has alleged that on account of the torture given by the accused persons, his son Muddappa has committed suicide on 27.9.2024 leaving behind a death note. 3. Brief facts of the case are: Petitioner is the wife of deceased Muddappa. Their marriage took place on 9.6.2023 at Shamanur Kalyana Mantap, Davangere. Subsequent to the marriage, her husband came to know about the illicit relationship between his wife/petitioner and one Jagadish. A complaint - 3 - NC: 2025:KHC:3218 CRL.P No. 520 of 2025 was lodged against the said Jagadish at KTJ Nagar Police Station, Davanagere. In this connection, the petitioner quarrelled with her husband and went to her parental home. Thereafter, case in Cr.No.90/2024 came to be registered on a complaint lodged by the petitioner against her husband and his family under Section 498A of IPC etc. Once he attempted to commit suicide by jumping into Tungabadra river on 27.9.2024, but he survived and advised by the complainant. However, on 14.12.2024, due to the torture and abetment, he hanged himself to the ceiling fan and committed suicide. 4. Learned High Court Government Pleader has contended that the petitioner is the main cause for the deceased to commit suicide. She was having illicit relationship with one Jagadish. She and other accused have quarreled with the deceased and also filed a false case against him. He, therefore, contended that on account of abetment by the petitioner, the deceased has committed suicide by writing a death note and in view of - 4 - NC: 2025:KHC:3218 CRL.P No. 520 of 2025 the death note, there is a prima facie case against the petitioner. 5. Admittedly, the incident took place when the petitioner was in her parental home. It is not dispued that a case alleging dowry harassment etc., was registered in Cr.No.90/2024 against the deceased. Complaint averments reveal that within a month of marriage, petitioner had left the matrimonial home and she was living in her parental house. 6. The prosecution has to establish that the petitioner has intentionally aided or abetted the deceased to commit suicide. The ingredients of Section 108 of BNS has to be established in a full fledged trial. It is submitted that accused Nos.2 to 4 named in the FIR are enlarged on bail. Petitioner is a woman. In the facts and circumstances, she can be admitted to bail, by imposing conditions. Accordingly, the following: - 5 - NC: 2025:KHC:3218 CRL.P No. 520 of 2025 ORDER 1. Petition is allowed. 2. Petitioner/accused No.1 in Cr.No.225/2024 of KTJ Nagar Police Station, Davanagere, shall be released in the event of her arrest, subject to following conditions: a) She shall appear before the Investigating Officer within 10 days from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only), with two sureties for the likesum. b) She shall furnish her residential address/contact number and shall inform the I.O in case of any change in the address/contact number. c) She shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) She shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL / List No.: 1 Sl No.: 43 Ct:ra