- 1 - HC-KAR NC: 2025:KHC-D:12922 CRL.P No. 103465 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103465 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: BHAGYASHREE W/O RAHUL KATAGERI, AGE. 24 YEARS, OCC. HOUSE WIFE, R/O. FARIDAKANWADI, TQ. KAGWAD, DIST. BELAGAVI-591 223. … PETITIONER (BY SRI. ANAND KUMAR KASHAPPA, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH KAGWAD POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD BENCH, DHARWAD-580 011. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ALLOW THIS CRIMINAL PETITION AND ORDER FOR RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CRIME NO.173/2024 REGISTER BEFORE KAGWAD POLICE STATION (AS PER CHARGE SHEET) OFFENCES PUNISHABLE UNDER SECTION 103(1) OF BNS ACT, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12922 CRL.P No. 103465 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused in S.C. No.74 of 2025, pending before the Court of Principal District and Sessions Judge, Belagavi, sitting at Athani, arising out of Crime No.173 of 2024 registered by Kagwad Police Station, Belagavi, for offence punishable under Section 103(1) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.173 of 2024 was registered by Kagwad Police Station, Belagavi for the aforesaid offence against the petitioner herein based on the first information dated 09.11.2024 submitted by Rahul Maruti Katageri, who is the husband of the petitioner. During the course of investigation of the case, petitioner herein was arrested on 10.11.2024 and subsequently remanded to judicial custody. - 3 - HC-KAR NC: 2025:KHC-D:12922 CRL.P No. 103465 of 2025 After completing investigation, charge sheet has been filed against her for the aforesaid offence. Her bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.10065 of 2025 was rejected on 05.05.2025. Therefore, she is before this Court. 4. Perusal of the material on record would go to show that the first informant is the husband of the petitioner and from the wedlock, the couple had a boy child named Satvik, who was aged about 2 years 8 months. It appears that the relationship between the couple got strained after the first informant started suspecting the character of the petitioner and therefore, she had deserted her husband and had taken the shelter in her parents' house. Her mother had advised her and also her husband and had brought her to her matrimonial house along with the minor child. On 09.11.2024 at about 05:45 a.m. when the first informant went out of the house after informing the petitioner, the petitioner allegedly locked the door of the house from inside and thereafter, assaulted her minor son - 4 - HC-KAR NC: 2025:KHC-D:12922 CRL.P No. 103465 of 2025 with a sickle and committed his murder. Subsequently, she also tried to commit suicide by slitting her neck with the very same sickle. It is under these circumstances, FIR was registered against her. 5. The petitioner who is a lady aged about 24 years is in custody for the last more than ten months. Investigation of the case is completed and charge sheet has been filed. It appears that after her husband had suspected her character she got frustrated and therefore, after committing the murder of her minor son, also tried to commit suicide. Considering the peculiar facts and circumstance of the case and also having regard to the proviso to Section 480 of the BNSS, 2023, I am of the opinion that the prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal petition is allowed. The petitioner – accused is directed to be enlarged on bail in S.C. No.74 of - 5 - HC-KAR NC: 2025:KHC-D:12922 CRL.P No. 103465 of 2025 2025, pending before the Court of Principal District and Sessions Judge, Belagavi, sitting at Athani, arising out of Crime No.173 of 2024 registered by Kagwad Police Station, Belagavi, for offence punishable under Section 103(1) of BNS, 2023, subject to the following conditions: (i) The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; (ii) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts her appearance for valid reasons; (iii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (iv) The petitioner shall not involve in similar offences in future. - 6 - HC-KAR NC: 2025:KHC-D:12922 CRL.P No. 103465 of 2025 (v) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against her is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH & VNP / CT: BCK LIST NO.: 1 SL NO.: 17