- 1 - NC: 2025:KHC-D:5547 CRL.P No. 100324 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.100324 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: PUTTAPPA S/O. ASHOKAPPA KADEMANI, AGE: 31 YEARS, R/O. TEREDAHALLI VILLAGE, TQ. BYADAGI, DIST. HAVERI, PIN-581110. …PETITIONER (BY SRI T.R. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY BYADAGI P.S., STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD, PIN-580011 …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS 2023, SEEKING TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN SC NO.14/2023 ARISING OUT OF BYADAGI P.S. CRIME NO.177/2022 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498-A, 302 R/W SECTION 34 OF IPC AGAINST HIM, PENDING ON THE FILE OF THE 2ND ADDL.DISTRICT AND SESSIONS JUDGE HAVERI, SITTING AT RANEBENNUR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.27 10:45:07 +0530 - 2 - NC: 2025:KHC-D:5547 CRL.P No. 100324 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.T.R.Patil, learned counsel for the petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent –State. 2. Petition filed by the accused under Section 439 of Cr.P.C./483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’, for short) with the following prayer: “To release the petitioner/accused no.1 on bail in SC No.14/2023 arising out of Byadagi P.S. Crime No.177/2022 registered for the offences punishable under Sections 498-A, 302 R/W Section 34 of IPC against him, pending on the file of the 2nd Addl. District and Sessions Judge Haveri, sitting at Ranebennur.” 3. Facts in brief which are utmost necessary for disposal of the petition are as under: - 3 - NC: 2025:KHC-D:5547 CRL.P No. 100324 of 2025 3.1 A complaint came to be lodged with Byadagi Police by Smt. Renuka W/o Ramappa Harijan alleging the commission of the offence under section 498A, 302 and R/W Section 34 IPC against the petitioner and others. 3.2 Gist of the complaint averments reveal that at first accused married the daughter of the complainant which is a love marriage. For about three years daughter of the complainant had happy married life after joining the matrimonial house. Thereafter, all the accused persons started abusing the complainant’s daughter in a filthy language taking out the caste name and also they were harassing the daughter of the complainant physically and mentally. 3.3 About one year earlier to the date of incident i.e. on 05.10.2022, she had been pushed out of the matrimonial house. Present petitioner used to abuse her over telephone alleging the illicit relationship. Thereafter, on 05.10.2022, in the living house, the petitioner said to - 4 - NC: 2025:KHC-D:5547 CRL.P No. 100324 of 2025 have assaulted the daughter of the complainant, whereby she lost her life. 3.4 After registering the case, police conducted detailed investigation and filed charge sheet. Accused stood for the trial in SC No.14 /2023. 3.5 Thereafter, bail request made by the petitioner was turned down by the learned District Judge. Thereafter, petitioner is before this Court. 4. Sri.T.R.Patil learned counsel for the petitioner would submit that after the commencement of the trial, all the material witnesses including the complainant have turned hostile to the case of the prosecution and in their cross examination on behalf of the prosecution, no useful material is elicited so as to appreciate the case of the prosecution to any extent. 5. He also submits that accused is in custody on and from 06.10.2022 and taking note of the fact that none of the prosecution witnesses have supported the case of - 5 - NC: 2025:KHC-D:5547 CRL.P No. 100324 of 2025 the prosecution, continuation of the accused petitioner in judicial custody is no longer warranted and sought for grant of bail. 6. Per contra, Smt.Girija S. Hiremath, learned High Court Government Pleader opposes the bail grounds. 7. She would further contend that a valuable life has been lost and the offences against the accused are heinous in nature and therefore sought for dismissal of the petition. 8. She would also contend that merely some witnesses have turned hostile to the case of the prosecution would not ipso facto make out a case for the petitioner to seek for an order of bail and sought for dismissal of the Petition. 9. Having heard the learned counsel on both sides this Court has perused the material on record meticulously. - 6 - NC: 2025:KHC-D:5547 CRL.P No. 100324 of 2025 10. On such perusal of the material on record, death of Sunitha in the house of the first accused on 05.10.2022 between the period of 4:30 PM to 6:00 PM is not in dispute. 11. Admittedly, Sunitha is the wife of the present petitioner. Their marriage took place about nine years earlier to the incident and it is a love marriage. According to the complainant, there were serious bickerings in the matrimonial tie. But, to substantiate the same, there is no positive material on record. 12. Complainant for the reasons best known to her, did not support the case of the prosecution and despite her cross examination by the prosecution, no useful material is elicited; so also the other material witnesses have not supported the case of the prosecution. 13. Taking note of the fact that is in custody on and from 06.10.2022, this Court is of the considered opinion - 7 - NC: 2025:KHC-D:5547 CRL.P No. 100324 of 2025 that the continuation of revision petitioner in judicial custody is no longer warranted. 14. Further, the apprehensions expressed by the prosecution can be met with by imposing suitable and stringent conditions. 15. Accordingly, the following order is passed: ORDER (i) Revision Petition is allowed. (ii) Petitioner is directed to be enlarged on bail on executing the bond in a sum of Rs.50,000/- with one surety for the like sum to the satisfaction the trial Court. (iii) Petitioner shall not tamper the prosecution witnesses in any manner. (iv) Petitioner shall attend the Court regularly. - 8 - NC: 2025:KHC-D:5547 CRL.P No. 100324 of 2025 (v) Petitioner shall not live the jurisdiction of Haveri District without prior permission of the Court. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA LIST NO.: 1 SL NO.: 8