- 1 - NC: 2025:KHC-D:5848 CRL.P No. 101266 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101266 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MANJAPPA S/O. MALLAPPA MAREKKAR, AGE: MAJOR, OCC. COOLIE, R/O. KULAGATTI VILLAGE, NOW RESIDING AT GADIKOPPA ROAD, SHIVAMOGGA, TQ. AND DIST. SHIVAMOGGA. …PETITIONER (BY SRI SADIQ N. GOODWALA, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH SUB-INSPECTOR OF POLICE, RATTIHALLI POLICE STATION, BYADAGI CIRCLE, DIST. HAVERI. REPRESENTED BY THE STATE PUBLIC PROSECUTION, HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS 2023), SEEKING TO RELEASE THE PETITIONER/SOLE ACCUSED ON BAIL IN CRIME NO.60/2022 RATTIHALLI P.S. IN (S.C. NO.01/2005) ON THE FILE OF THE II ADDL.DISTRICT AND SESSIONS JUDGE, HAVERI, SITTING AT RANEBENNUR FOR OFFENCES PUNISHABLE UNDER SECTIONS 306, 498A, 504 AND 506 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.04.09 11:38:48 +0530 - 2 - NC: 2025:KHC-D:5848 CRL.P No. 101266 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Sadiq N. Goodwala, learned counsel for petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition under Section 439 of Indian Penal Code, 1860 (for short, ‘IPC’) with the following prayer: “To release the petitioner/sole accused on bail in Crime No.60/2022 Rattihalli P.S. in (S.C. No.01/2005) on the file of the II Additional District and Sessions Judge, Haveri, sitting at Ranebennur for offences punishable under Sections 306, 498A, 504 and 506 of IPC.” 3. Facts in brief are as under: One Rajappa Hanamantappa Nayak lodged a complaint with Rattihalli Police Station on 25.04.2022. Based on which, a case came to be registered in Crime No.60/2022 against the petitioner and others for the offences punishable under Sections 498-A, 504, 506 and 306 of IPC. - 3 - NC: 2025:KHC-D:5848 CRL.P No. 101266 of 2025 3.1 Gist of the complaint averments would reveal that the younger sister of the complainant was married to the petitioner about 15 years earlier. About six years, they led a married life and thereafter, since there was no child born in the wedlock, there was ill feeling developed between the petitioner and the younger sister of the complainant resulting in younger sister of the complainant being sent out of the matrimonial home and she took shelter with the complainant. 3.2 There were matrimonial proceedings on the file of the Court at Hirekerur and in that regard, there was a warrant issued for non-payment of the maintenance amount by the petitioner. In that regard, four days earlier to 25.04.2022, petitioner said to have called younger sister of the complainant over telephone and abused her in filthy language and also threatened her that she should get the warrant recalled issued against him, failing which dire consequences would take place. - 4 - NC: 2025:KHC-D:5848 CRL.P No. 101266 of 2025 3.3 He also abused the sister of the complainant that such person should not live in this world and she should die. Being unable to bear such a threat, on 27.04.2022 she has committed suicide by hanging herself which was intimated to the complainant at about 5:30 pm. 3.3 Based on the said complaint, police registered the case as aforesaid and investigated the matter and filed charge sheet. 4. The petitioner approached the District Court, Haveri for grant of bail, which was rejected in S.C.No.1/2025. Later on petitioner is before this Court. 5. Sri Sadiq N. Goodwala, learned counsel for petitioner would vehemently contend that offence under Section 306 of IPC is per se not attracted in the case on hand as admittedly the suicide has taken place in the house of the complainant and deceased had left the company of the petitioner long ago. - 5 - NC: 2025:KHC-D:5848 CRL.P No. 101266 of 2025 6. He would further contend that mere uttering the words that ‘go somewhere and die’ would not ipso facto amount to abetment as is contemplated under Section 109 of the IPC which is sin qua non for proceeding against the petitioner for the offence punishable under Section 306 of IPC. Therefore, sought for allowing the bail petition. 7. Per contra, Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent would submit that four days earlier to the incident, accused has telephoned to the deceased and threatened her and also demanded that she should get the warrant issued against the petitioner to be withdrawn in the competent Court. 8. As such, it is not mere uttering the words ‘go somewhere and die’ which has been treated in the case on hand as abetment but the cumulative harassment that has been meted out to the deceased ultimately resulting in the sister of the complainant committing suicide. Therefore, - 6 - NC: 2025:KHC-D:5848 CRL.P No. 101266 of 2025 the request of the bail cannot be entertained by this Court at least at this stage. 9. Having heard the arguments of both sides, this Court perused the material on record meticulously. 10. On such perusal of the material on record, it is crystal clear that there are several instances which ultimately culminated into sister of the complainant committing suicide. Immediately before her suicide, the call records collected by the Investigation Agency would show that the petitioner had called the deceased. What exactly that transpired in the said telephonic call is to be established by the prosecution by placing necessary evidence during the trial. 11. It is too premature for this Court to accept the contentions urged on behalf of the parties by holding the mini trial. Thus, desisting from holding a mini trial when the material on record is considered for the purpose of the bail request, it is crystal clear that prima facie materials - 7 - NC: 2025:KHC-D:5848 CRL.P No. 101266 of 2025 collected by the Investigation Agency would definitely disentitle the petitioner from obtaining an order of grant of bail at least at this stage. 12. It is always open for the petitioner to seek for grant of bail with a successive bail request, if there is a positive changed circumstance in the case of the petitioner. 13. Reserving such liberty for the petitioner, following order is passed. ORDER Petition is rejected. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA LIST NO.: 1 SL NO.: 12