- 1 - HC-KAR NC: 2025:KHC-D:7331 CRL.P No. 101006 of 2025 C/W CRL.P No. 101543 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.101006 OF 2025 (438 OF Cr.PC/482 OF BNSS) C/W CRIMINAL PETITION NO. 101543 OF 2025 (438 OF Cr.PC/482 OF BNSS) IN CRL. P. NO.101006/2025 BETWEEN: SRHI ABDUL RIJAZ AHMED BASARIKATTI, AGE: 32 YEARS, OCC: PRIVATE SERVICE, R/O. BATHKHANDE GALLI, NANDGAD, TQ. KHANAPUR, DIST. BELAGAVI. …PETITIONER (BY SRI. L. S. SULLAD, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH NANDGAD, PSI, REP. BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C. (482 OF BNSS), SEEKING TO DIRECT THE RESPONDENT, POLICE TO RELEASE THE PETITIONER (ACCUSED NO.3) ON THE BAIL IN EVENT OF HIS ARREST IN NANDGAD POLICE STATION CRIME NO.130/2024 U/S.80, 85, 103, 115(2), 126(2), 351(2)(3) R/W. 3(5) OF BNS ACT 2023, AND SECTION 3 AND 4 OF D.P.ACT IN C.C NO.2664/2024 ON THE Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7331 CRL.P No. 101006 of 2025 C/W CRL.P No. 101543 of 2025 FILE OF COURT OF ADDL. CIVIL JUDGE (JR.DN) AND JMFC KHANAPUR, BELAGAVI DISTRICT IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.P. NO. 101543 OF 2025 BETWEEN: ZARINA W/O. RAYIZAHMAD BASARIKATTI, AGE 58 YEARS, OCC: HOUSEHOLD, R/O. 1021, BHATKANDE/GALLI, MOUJE NANDGAD, NANDGAD, KHANAPUR, BELAGAVI 591120. …PETITIONER (BY SRI. L. S. SULLAD, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH NANDGAD PSI, REP. BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C. (U/S.482 OF BNSS, 2023) SEEKING TO DIRECT THE RESPONDENT, POLICE TO RELEASE THE PETITIONER (ACCUSED NO.2) ON THE BAIL IN THE EVENT OF HER ARREST IN NANDGAD POLICE CRIME STATION NO.130/2024 U/S.80, 85, 103, 115(2), 126(2), 351(2), 351(3) R/W. 3(5) BNS ACT- 2023 AND SECTION 3 AND 4 OF DP ACT PENDING IN CC NO. 2664/2024 ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC KHANAPUR, BELAGAVI DISTRICT, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7331 CRL.P No. 101006 of 2025 C/W CRL.P No. 101543 of 2025 ORAL COMMON ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent – State. 2. The petitioner/accused No.3 has filed Criminal Petition No.101006/2025 and petitioner/accused No.2 has filed Criminal Petition No.101543/2025 under Section 438 of Cr.P.C., [482 of Bharatiya Nagarik Suraksha Sanhita, 2023] praying to grant anticipatory bail in Crime No.130/2024 of respondent/Police for the offences punishable under Sections 85, 80, 103, 115(2), 126(2), 351(2)(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’). 3. Brief facts of the prosecution case is as under; Accused No.1 is the husband, accused No.2 is the mother-in-law and accused No.3 is the brother-in-law of - 4 - HC-KAR NC: 2025:KHC-D:7331 CRL.P No. 101006 of 2025 C/W CRL.P No. 101543 of 2025 the deceased Arsh Ahammadi. The marriage of accused No.1 was performed with deceased Arsh Ahammadi on 09.06.2024 at Nandagadh Marriage Hall. After the marriage, accused No.1 had cordial relationship with deceased for period of 8 days and thereafter, all the accused persons were harassing the deceased to bring dowry amount of Rs.5,00,000/-, 5 thola gold, fridge and washing machine. Further, accused Nos.1 to 3 were insulted the deceased, provoked her to commit suicide and they made her to consume pesticide. Hence, she died on 23.09.2024. Thus, the complaint was lodged by the father of deceased and a case has been registered by the respondent/police. Soon after institution of the charge- sheet, matter is committed to the trial Court. 4. Apprehending arrest at the hands of respondent/police, petitioners/accused Nos.2 and 3 preferred anticipatory bail petitions contending that they are innocent, they have been falsely implicated in this case. It is contended that the petitioner/accused No.3 is - 5 - HC-KAR NC: 2025:KHC-D:7331 CRL.P No. 101006 of 2025 C/W CRL.P No. 101543 of 2025 working in the private sector and he is the sole bread earner member of the family. The alleged offences are not punishable with death or imprisonment for life and the petitioners are ready to abide by the conditions to be imposed by this Court. With these grounds, they prayed for allowing the petitions. 5. Per contra, learned High Court Government Pleader has filed statement of objections contending that there is a prima-facie case against these petitioners, the offences are non-bailable in nature and if they are enlarged on bail, they may abscond and also cause hindrance in trial of the case. Further, it is contended that they may also tamper the prosecution witnesses. Hence, prayed for rejection of the petitions. 6. On perusal of the material, it appears that, marriage of accused No.1 with deceased was solemnized on 09.06.2024 and deceased committed suicide on 23.09.2024. After the marriage, as per the statement of witnesses, it appears that, accused Nos.1 and 2 were - 6 - HC-KAR NC: 2025:KHC-D:7331 CRL.P No. 101006 of 2025 C/W CRL.P No. 101543 of 2025 harassing the deceased to bring additional dowry by saying that she is not looking good and thereby, they abated her to commit suicide. 7. On perusal of the entire charge-sheet, there is nexus and proximity with conduct of accused Nos.1 and 2 with that of suicide committed by deceased. From perusal of the ‘dying declaration’ recorded by the Tahasildar in the presence of doctor, she has categorically stated against accused Nos.1 and 2 alleging that they were harassing her in order to bring additional dowry and gold from her parental house. The only allegation made against accused No.3, who is none other than the brother-in-law of the deceased, is that he prevented her in the house while she moving from the house. Except this allegation, there are no other severe allegations against accused No.3. Moreover, as per the letter of correspondence made by the Investigating Officer, wherein, the doctor has endorsed that the victim was not fit to give statement. Of course, this is a matter of trial to consider these aspects. - 7 - HC-KAR NC: 2025:KHC-D:7331 CRL.P No. 101006 of 2025 C/W CRL.P No. 101543 of 2025 8. Admittedly, in order to attract Section 306 of IPC, there has to be clear mens rea to commit the offence. It also required an active act or direct act, which lead deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that she committed suicide. 9. In the case of Kanchan Sharma vs. State of Uttar Pradesh and Another reported in 2021 SCC Online SC 737 at Para No.15 the Hon'ble Apex Court has held as under: "‘Abetment’ involves mental process of instigating a person or intentionally aiding a person in doing of a thing. Without positive act on the part of the accused to instigate or aid in committing suicide, no one can be convicted for offence under Section 306, IPC. 10. In the facts and circumstances of the case, the ingredient of abatement as is necessary for the offence under Section 306 of IPC, is not made out insofar as allegation made against accused No.3 is concerned. - 8 - HC-KAR NC: 2025:KHC-D:7331 CRL.P No. 101006 of 2025 C/W CRL.P No. 101543 of 2025 Admittedly, accused Nos.2 and 3 have not instigated or aided the deceased in committing suicide. In this case, investigation is already completed and charge-sheet is filed. More particularly, the principal accused i.e., accused No.1 is already been granted bail by the trial Court in Crl.Misc.No.113/2025. Therefore, on the ground of parity also, petitioners/accused Nos.2 and 3 are entitled for bail. Since, accused No.1 is already been granted bail, even on the ground of parity, the mother and brother-in-law of the deceased are also entitled for bail. 11. Considering the nature of offences, gravity of offences and the antecedent, character of the petitioners, the Court is of the opinion that the petitioners are entitled for bail as sought for. Accordingly, the Court proceeds to pass the following; ORDER The petitions filed under Section 438 of Cr.P.C., is allowed. The petitioners/accused Nos.2 and 3 are ordered to - 9 - HC-KAR NC: 2025:KHC-D:7331 CRL.P No. 101006 of 2025 C/W CRL.P No. 101543 of 2025 be enlarged on anticipatory bail, on they executing personal bond for a sum of Rs.2,00,000/- each with two sureties for the like sum to the satisfaction of Investigations officer/S.H.O in the event of their arrest by the respondent-police in Crime No.130/2024, subject to the following conditions: i) The petitioners shall surrender themselves before the S.H.O/I.O within a period of 15 days from today; ii) The petitioners shall not tamper with the prosecution witnesses either directly or indirectly and shall not threaten the prosecution witnesses; iii) The petitioner shall be regular in attendance before the trial Court. iv) Violation of any of these conditions, shall be entitled for cancellation of bail. Sd/- (VENKATESH NAIK T) JUDGE AM /CT-AN List No.: 1 Sl No.: 15