- 1 - NC: 2025:KHC:936 CRL.P No. 12835 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12835 OF 2024 (438(Cr.PC) / 482(BNSS)) BETWEEN: SIDDARAJU S/O MURUDE GOWDA (BAIRAIAH), AGED ABOUT 32 YEARS, R/AT DOMMANAKUPPE VILLAGE, NAGAVALLI POST, HEBBUR HOBLI, TUMKURU TALUK AND DISTRICT - 572 101 …PETITIONER (BY SRI. SHEKARAPPA, ADVOCATE) AND: STATE OF KARNATAKA, BY TUMKURU RURAL POLICE STATION, TUMKURU NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001 …RESPONDENT (BY SRI. HARISH GANAPATHI, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CR.NO.181/2016 NOW IN C.C.NO.3040/2017 FOR THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:936 CRL.P No. 12835 of 2024 OFFENCE P/U/S 498A,306 OF IPC ON THE FILE OF TUMAKUR RURAL P.S. PENDING ON THE FILE OF I ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT AT TUMAKUR THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner and learned High Court Government Pleader for the State and perused the material on record. 2. Petitioner is before this Court in this petition seeking to enlarge him on anticipatory bail in Crime No.181/2016 of Tumkur Rural Police Station, pending in C.C.No.3040/2017 on the file of the I Additional Civil Judge (Junior Division) and JMFC Court at Tumkur. 3. Heard both sides and perused the material on record. 4. It is the case of prosecution that about 1½ years prior to 17.07.2016, petitioner married Kalavathi (deceased) and in the wedlock, they have a female child - 3 - NC: 2025:KHC:936 CRL.P No. 12835 of 2024 aged about 2-3 months. They were residing in a temporary shed of Mestri Jaganna in Antharasanahalli village, Tumkur. Petitioner was harassing the deceased by saying that she is not good looking etc., and therefore, she should go somewhere and die. In view of the said abetment, she poured kerosene oil on herself and set fire on 17.07.2016 at about 3.30 p.m., and succumbed to the burn injuries while undergoing treatment at Victoria hospital, Bengaluru on 20.07.2016 at 11.15 p.m. 5. Learned High Court Government Pleader has contended that the petitioner has been absconding since 2017 and he has not co-operated with the investigation of the case. He further contended that the petitioner has abetted the deceased to commit suicide and the offence being serious in nature, he is not entitled for the relief of anticipatory bail. 6. Learned counsel for the petitioner, drawing the attention of the Court to the F.I.R contents, has contended that initially, case was registered under Section 498-A of - 4 - NC: 2025:KHC:936 CRL.P No. 12835 of 2024 IPC and the petitioner himself has admitted his wife to the hospital and he was available through out, but the Police have not arrested him and even filing of charge-sheet was not within his knowledge. 7. The incident took place on 17.07.2016 at about 3.30- 4.00 p.m. The victim was admitted at Tumkur District Government Hospital at about 6.30 p.m. Her statement was recorded by the Police on the basis of which, F.I.R was initially registered for the offence under Section 498-A of IPC. F.I.R contents does not allege any harassment or torture meted to the deceased by the petitioner. It is stated that the deceased coming to know that the petitioner was not loving her got upset and therefore, poured kerosene and set fire to herself. In her statement itself, it is mentioned that the petitioner put off the fire and while doing so, he too sustained injuries to his hands and with the help of the neighbours, he shifted her to the hospital. - 5 - NC: 2025:KHC:936 CRL.P No. 12835 of 2024 8. In the above facts and circumstances, the relief sought by the petitioner can be granted imposing conditions. 9. Accordingly, the following: ORDER Petition is allowed. Petitioner/accused in Crime No.181/2016 registered by Tumkur Rural Police Station, Tumkur, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the jurisdictional Court/JMFC at Tumkur within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with a surety for the likesum to the satisfaction of the learned Magistrate. b) He shall appear before the Investigating Officer within a period of one week - 6 - NC: 2025:KHC:936 CRL.P No. 12835 of 2024 thereafter for the purpose of further investigation, if any c) He shall furnish proof of his residential address/contact number and shall inform the Investigating Officer/jurisdictional Court in case of any change in the address/contact number. c) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE BNV List No.: 1 Sl No.: 35