- 1 - HC-KAR NC: 2025:KHC-D:16366 CRL.P No. 104520 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104520 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. SHIVUNAAGOUDA S/O. KALLANAGOUDA SANKANAGOUDRA, AGE. 53 YEARS OCC. AGRICULTURE, R/O. KIRATAGERI, TQ AND DIST. GADAG, PIN. 582102. 2. ANNAPPA @ ANNAPPAGOUDA S/O. KALLANAGOUDA SANKANAAGOUDRA AGE. 40 YEARS, OCC. AGRICULTURE, R/O. KIRATAGERI, TQ AND DIST. GADAG, PIN. 582102. 3. BASAPPA @ BASAVARAJ S/O. GURAPPA ROGI @ RUGI, AGE. 68 YEARS, OCC. AGRICULTURE, R/O. BYAHATTI, TQ. HUBBALLI, DIST. DHARWAD, PIN. 580023. 4. MUDAKAPPA @ MANJAPPA S/O. BASAPPA RAGATI, AGE. 45 YEARS, OCC. AGRICULTURE, R/O. HULLUR, TQ. LAXMESHWAR, DIST. GADAG, PIN. 582116. 5. SHARANAPPA S/O. RAMANNA @ RAMAPPA RAGATI, AGE. 40 YEARS, OCC. AGRICULTURE, Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16366 CRL.P No. 104520 of 2025 R/O. HULLUR, TQ. LAXMESHWAR, DIST. GADAG, PIN. 582116. 6. RAYAMMA @ RAYAVVA W/O. MAHADEVAPPA GUNJAL, AGE. 62 YEARS, OCC. HOUSEWIFE, R/O. MANTUR, TQ. HUBBALLI, DIST. DHARWAD, PIN. 580023. 7. KALLAPPA S/O. GURAPPA RUGI, AGE. 56 YEARS, OCC. ASI AT, SAVANUR POLICE STATION, R/O. SAVANUR, TQ. SAVANUR, DIST. HAVERI, PIN. 581118. …PETITIONERS (BY SRI. SADIK KANVI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY KUNDAGOL PS, DIST. DHARWAD, REPRESENTED BY THE SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (482 OF BNSS), PRAYING TO, GRANT ANTICIPATORY BAIL TO THE PETITIONER NO.1 TO 7 (ACCUSED NO.1 TO 7) IN CRIME NO.128/2025 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC COURT, KUNDAGOL OF KUNDAGOL POLICE STATION, REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 108 AND 190 OF THE BHARATIYA NYAYA SANHITA, 2023 AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16366 CRL.P No. 104520 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. Heard Sri Sadik Kanvi, learned counsel for the petitioners and Sri Praveen Y. Devareddiyavar, learned High Court Government Pleader for respondent-State. 2. The petitioners are before this Court seeking for grant of anticipatory bail in Crime No.128/2025 of respondent-police for the offence under Sections 108 and 190 of the Bharatiya Nyaya Sanhita (BNS), 2023. Brief facts of the case: 3. The case of the prosecution is that, a complaint came to be registered by the father of the deceased stating that, he is having three female children and one male child and he has 40 acres of ancestral property. The grandfather of the complainant had 88 acres of land. The petitioners are the children of his aunt. They were demanding for partition and requested the complainant to give 20 acres of land in the property of their grandfather. They were forcing for - 4 - HC-KAR NC: 2025:KHC-D:16366 CRL.P No. 104520 of 2025 partition of the property. It is further stated that, the petitioners had filed a suit for partition before the Civil Court, Kundagol, notice was ordered and it was issued to the deceased and the complainant. 4. After receiving the said notice, on 14.10.2025 around about 11.00 p.m., when the complainant and all the family members after having dinner slept in their house, the deceased was sleeping in the rooftop. On the following day, i.e., on 15.10.2025, around about 04.00 a.m., in order to cultivate the land, all the family members were woken up early in the morning. The deceased went upstairs on the pretext of bring the tarpaulin from the terrace. However, he did not return. One of the son-in-law asked the complainant about the deceased. The complainant had informed him that, the deceased had gone to upstairs to bring one tarpaulin. In the meantime, the said son-in-law went upstairs and started screaming that, the deceased committed suicide. Thereafter, the complainant went to the - 5 - HC-KAR NC: 2025:KHC-D:16366 CRL.P No. 104520 of 2025 said place and found that his son had committed suicide. Hence, he lodges a complaint against the petitioners. 5. The submission of the learned counsel for the petitioners that, the petitioners are legitimate share holders in the ancestral property. They had filed a suit for partition. The Trial Court issued notice to the complainant. The deceased was upset about the notice and he might have committed suicide. However, there is no direct nexus between the death and involvement of these petitioners in abating the person who commit suicide. Therefore, the petitioners may be enlarged on bail. 6. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that, the petitioners were demanding partition. Initially, they were demanding 20 acres of land. There was a constant pressure and threat to the complainant and his family members for partition of properties. - 6 - HC-KAR NC: 2025:KHC-D:16366 CRL.P No. 104520 of 2025 7. It is further submitted that, a notice was issued by the Civil Court for partition to the complainant and all the family members. The action of the petitioners for partition forced the deceased to commit suicide. Hence, it is not appropriate to grant them on bail. 8. Having heard the learned counsel for the respective parties and perused the averments of the complaint, it appears from the records that, the petitioners had filed a suit for partition against the complainant and his family members in respect the ancestral property. After having received notice from the Civil Court, the deceased was unhappy. As a result of which, it is stated that he has committed suicide. 9. Issuance of the notice from the Civil Court for appearance in a partition suit, itself is not sufficient to hold that the petitioners have abated the deceased to commit suicide. Hence, it is appropriate to grant them bail by imposing suitable conditions. - 7 - HC-KAR NC: 2025:KHC-D:16366 CRL.P No. 104520 of 2025 10. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioners are ordered to be enlarged on bail in the event of their arrest in Crime No.128/2025 of respondent-police for the offence under Sections 108 and 190 of the Bharatiya Nyaya Sanhita (BNS), 2023, on executing personal bonds in a sum of Rs.1,00,000/- each with one surety each for the likesum to the satisfaction of the Investigating Officer. (iii) The petitioners shall appear before the Investigating Officer within a period of one month from today to execute personal bonds and also to furnish sureties. - 8 - HC-KAR NC: 2025:KHC-D:16366 CRL.P No. 104520 of 2025 (iv) The petitioners shall co-operate with investigation as and when it is required. (v) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (vi) The petitioners shall appear before the Trial Court on all hearing dates without fail. In case, if the petitioners violate any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE SH/CT: UMD List No.: 1 Sl No.: 21