- 1 - NC: 2025:KHC-D:4240 CRL.P No. 100533 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.100533 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SAGAR S/O. LAXMAN KAMBLE, AGE: 28 YEARS, OCC. AGRICULTURE, R/O. MORAB VILLAGE-591317, TQ. RAIBAG, DIST. BELAGAVI. …PETITIONER (BY SRI RAJASHEKHAR BURJI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH RAIBAG POLICE STATION, RAIBAG-591317, RAIBAG TALUK, BELAGAVI DISTRICT, REP. BY STATE PUBLIC PROSECUTOR. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS 2023, SEEKING TO ALLOW THE PETITION AND ENLARGE PETITIONER/ACCUSED NO.1 ON BAIL, IN THE EVENT OF HIS ARREST, ARISING OUT OF CRIME NO.327/2024 REGISTERED BEFORE THE RAIBAG POLICE STATION, RAIBAG, RAIBAG TALUK, BELAGAVI DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 189(2), 191(2), 108, 49 R/W. 190 OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.03.07 17:01:18 +0530 - 2 - NC: 2025:KHC-D:4240 CRL.P No. 100533 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Rajashekhar Burji, learned counsel for petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’, for short) with the following prayer: “To allow the petition and enlarge petitioner/accused No.1 on bail, in the event of his arrest, arising out of Crime No.327/2024 registered before the Raibag Police Station, Raibag, Raibag Taluk, Belagavi District for the offence punishable under Sections 189(2), 191(2), 108, 49 r/w. 190 of BNS 2023. 3. Brief facts which are utmost necessary for the disposal of the petition are as under: A complaint came to be lodged with Raibag Police Station which was registered in Crime No.327/2024 under Sections 189(2), 191(2), 108, 49 read with Section 190 of Bharatiya Nyaya Sanhita (‘BNS’, for short). - 3 - NC: 2025:KHC-D:4240 CRL.P No. 100533 of 2025 4. The gist of the complaint averments reveal that mother of the deceased by name Laxmibai contended that Hanamanth, Lata, Divya, Geeta and Arati are her children. All of them married and were living with their respective spouses. Arati has been married to Prashant Kamble and they were leading a happy married life. However, Arati’s father-in-law intimated the complainant that one Sagar Laxman Kamble (petitioner) is having intimacy with Arati (deceased) and a panchayat was held in that regard. The petitioner was also told not to indulge in such things in future. Despite the same, there were repeated phone calls from the petitioner to Arati, which was objected to by her family members. Being frustrated with the repeated phone calls made by the petitioner to Arati, she committed suicide by hanging. 5. Based on the complaint lodged by the mother of the deceased, police registered the case and are investigating the matter. Attempt made by the petitioner to obtain an order of grant of anticipatory bail is turned - 4 - NC: 2025:KHC-D:4240 CRL.P No. 100533 of 2025 down by the jurisdictional Sessions Judge. Thereafter, the petitioner is before this Court. 6. Sri Rajashekhar Burji, learned counsel for petitioner reiterating the grounds urged in the bail petition vehemently contended that at no stretch of imagination, the alleged act has been abetted by petitioner. For the suicidal death of Arati, unnecessarily a false case has been foisted against the present petitioner and therefore, petitioner be granted anticipatory bail. 7. Per contra, Smt. Girija S. Hiremath, learned High Court Government Pleader opposes the bail grounds. 8. Perused the material on record. Admittedly, even after registering the complaint, there is no progress in the matter for want of the presence of the petitioner. 9. Taking note of the attendant facts and circumstances, if the petitioner is directed to join the investigation, the ends of justice would be met inasmuch - 5 - NC: 2025:KHC-D:4240 CRL.P No. 100533 of 2025 as the investigation would progress and it would facilitate true course of justice. 10. Expressing any opinion on the merits of the matter, at this stage, is totally not called for as the Courts are not required to hold mini trial. 11. Taking note of the above facts and circumstances, the following order is passed. ORDER (i) Petition is allowed. (ii) Petitioner is directed to join the investigation by appearing before the Investigation Officer positively on 14.03.2025 at 9.00 a.m. (iii) The Investigation Officer is at liberty to take him to custody and complete the custodial interrogation, if any, on the very same day before 6.00 p.m. and thereafter enlarge the petitioner on bail by taking a bond in a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the Investigation Officer. - 6 - NC: 2025:KHC-D:4240 CRL.P No. 100533 of 2025 (iv) Petitioner shall cooperate with the Investigating Agency including furnishing of mobile phone and call details and password, if any. (v) Petitioner shall mark his attendance before the Investigation Officer on every third Sunday between 10.00 a.m. to 2.00 p.m. till the final report is filed. (vi) Petitioner shall attend the Court regularly. (vii) Petitioner shall not directly or indirectly tamper the prosecution evidence or hamper the investigation process in any manner. (viii) Petitioner shall not leave the jurisdiction of Belagavi District without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA List No.: 1 Sl No.: 28