- 1 - HC-KAR NC: 2025:KHC:19096 CRL.P No. 5931 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5931 OF 2025 BETWEEN: 1. SMT. GANGAMMA W/O KUMBALURU BASAPPA AGED ABOUT 65 YEARS R/O HARALAHALLI VILLAGE TALUKA HARIHARA DISTRICT DAVANGERE - 577 230. 2. SHIVAPPA S/O KUMBALURUBASAPPA AGED ABOUT 37 YEARS R/O HARALAHALLI VILLAGE TALUKA HARIHARA DISTRICT DAVANGERE - 577 230. 3. RENUKAMMA @ CHAITHRA H.A W/O SHIVAPPA AGED ABOUT 26 YEARS R/O HARALAHALLI VILLAGE TALUKA HARIHARA, DISTRICT DAVANGERE - 577 230. 4. SHAILA @ KUMBALURU BASAPPA SHAILA AGED ABOUT 30 YEARS R/O KOKKANOOR VILLAGE TALUKA HARIHARA DISTRICT DAVANGERE - 577 530. …PETITIONERS (BY SRI TIGADI VEERANNA GADIGEPPA, ADV.) AND: THE STATE OF KARNATAKA REP BY SUB-INSPECTOR OF POLICE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19096 CRL.P No. 5931 of 2025 MALEBENNUR POLICE STATION MALEBENNUR, DISTRICT DAVANGERE REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THE PETITION BY GRANTING THEM BAIL IN MALEBENNUR POLICE STATION CRIME NO.67/2025 FOR THE OFFENCE P/US/ 85,352,351(2),103(1),190 OF BNS 2023 AND SEC.3,4 OF DP ACT 1961 PENDING ON THE FILE OF THE LEARNED II ADDL. CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS HARIHAR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.2 to 5 in Crime No.67/2025 registered by Malebennur Police Station, Davanagere District for the offences punishable under Sections 85, 352, 115(2), 351(2), 118(1), 103(1) & 3(5) of BNS, 2023, Sections 3, 4 & 6 of Dowry Prohibition Act, 1961, Section 6 of the Protection of Children from Sexual Offences Act, 2012 & Sections 9 & 11 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 are before this Court seeking regular bail. - 3 - HC-KAR NC: 2025:KHC:19096 CRL.P No. 5931 of 2025 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.67/2025 was registered by Malebennur Police Station, Davanagere District against one Devendrappa and others initially for the offences punishable under Sections 85, 352, 351(2), 103(1) & 190 of BNS, 2023, Sections 3 & 4 of Dowry Prohibition Act, 1961, on the basis of first information dated 18.03.2025 received from Sri Beeresh, who is the brother of deceased Netravathi. During the course of investigation, the petitioners herein who were arraigned as accused Nos.2 to 5 in the FIR were arrested on 18.03.2025 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against seven persons. The petitioners herein are arraigned as accused Nos.2 to 5 in the charge sheet. 4. The bail application filed by the petitioners before the Sessions Court in Crl.Misc.No.332/2025 was - 4 - HC-KAR NC: 2025:KHC:19096 CRL.P No. 5931 of 2025 dismissed on 07.04.2025. Therefore, they are before this Court. 5. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that allegation of assaulting the deceased and committing her murder is as against accused No.1, who is in custody. In the charge sheet which is now filed, the parents of deceased are also arraigned as accused Nos.6 and 7. Insofar as the petitioners herein are concerned offences punishable under Section 103(1) of BNS, 2023 and Section 6 of the POCSO Act are not invoked. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition on the ground that serious allegations are found against the petitioners, who are the near relatives of accused No.1. 7. Accused No.2 is the mother of accused No.1 and Accused Nos.3 and 5 are the brother and sister of accused No.1. Accused No.4 is the wife of accused No.3. - 5 - HC-KAR NC: 2025:KHC:19096 CRL.P No. 5931 of 2025 8. Perusal of the first information as well as the charge sheet, which is now filed as against 7 accused persons would go to show that, the allegation of assaulting deceased Netravathi and strangulating her neck with a piece of sarree and committing her murder on 17.03.2025 is only as against accused No.1. The offence punishable under Section 103(1) of BNS, 2023 and Section 6 of POCSO Act have not invoked against the petitioners herein in the charge sheet now filed against the accused persons. 9. Accused Nos.2, 4 and 5 are married ladies and accused No.3 is the younger brother of accused No.1 Devendrappa. The presence of accused Nos.2 to 5 at the spot of crime along with accused No.1 on 17.03.2025 has not been stated in the charge sheet, which is now filed against accused persons. Investigation of the case is already completed and the petitioners who have no criminal antecedents are in custody from 18.03.2025. Considering the nature of allegation found against the petitioners and also having regard to the aforesaid aspects - 6 - HC-KAR NC: 2025:KHC:19096 CRL.P No. 5931 of 2025 of the matter, I am of the opinion that the petitioners' custody is no more required and therefore their prayer for grant of regular bail is required to be answered in the affirmative. 10. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.67/2025 registered by Malebennur Police Station, Davanagere District for the offences punishable under Sections 85, 352, 115(2), 351(2), 118(1), 103(1) & 3(5) of BNS, 2023, Sections 3, 4 & 6 of Dowry Prohibition Act, 1961, Section 6 of the Protection of Children from Sexual Offences Act, 2012, Sections 9 & 11 of the Prohibition of Child Marriage (Karnataka Amendment) 2016 Act, subject to the following conditions: a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the - 7 - HC-KAR NC: 2025:KHC:19096 CRL.P No. 5931 of 2025 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 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 NMS