- 1 - NC: 2025:KHC-D:4574 CRL.P No. 101273 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101273 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: 1. SMT.SHIVAKKA @ SHIVAGANGAVVA W/O. HALAPPA KARENNAVAR, AGE: 60 YEARS, OCC. HOUSE WIFE, R/O. HOSA ONI, IRANATTI, GOKAK TAL, DIST. BELAGAVI- 591218. ADHAR NO. 322156108623 2. SHRI BALAPPA @ BALESHI S/O. BALAPPA KEMPADINNI, AGE: 31 YEARS, OCC. AGRICULTURE, R/O. IRANATTI, GOKAK TAL, DIST. BELAGAVI- 591218. ADHAR NO. 939327688917 …PETITIONERS (BY SRI SHARAD MALGOUND PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH ANKALAGI P.S.. R/BY. ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF BNSS, 2023, SEEKING TO ENLARGE THE PETITIONERS NO.1 AND 2/ACCUSED NO.1 AND 5 ON ANTICIPATORY BAIL IN THE EVENT OF APPREHEND OF ARREST BY PETITIONERS MAY BE ORDERED TO BE RELEASED ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN ANKALAGI P.S. CRIME NO. 47/2024 FOR THE OFFENCE P/U/SECTIONS 189(2), 191(2), 115(2), 133, 74, 108, 352, 351(2), 351(3), 190 OF BNS. V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.12 10:32:56 +0530 - 2 - NC: 2025:KHC-D:4574 CRL.P No. 101273 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Sharad Malgound Patil, learned counsel for the petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for the State/respondent. 2. Present petition is filed under Section 482 Bharatiya Nagarik Suraksha Sanhita with the following prayer: “WHEREFORE, the petitioners most respectfully prays that the Hon’ble Court be pleased to enlarge the petitioners No.1 and 2/accused No.1 and 5 on anticipatory bail in the event of apprehend of arrest by petitioners may kindly be ordered to be released on anticipatory bail in the event of their arrest in Ankalagi P.S. Crime No.47/2024 for the offence punishable under Section 189(2), 191(2), 115(2), 133, 74, 108, 352, 351(2), 351(3), 190 of BNS in the interest of justice.” 3. Facts in the nutshell for disposal of the petitioner are as under: - 3 - NC: 2025:KHC-D:4574 CRL.P No. 101273 of 2025 3.1. A complaint came to be lodged by Shivananda Veerupaxi Nesaragi with Ankalgi Police Station alleging that in Madura village, complainant is having a house in his agricultural land. His father – Veerupaxi was a physically disabled person. Complainant had a love affair with Parvati and in the affair, there were some differences. 3.2. In that regard, there was a panchayat held on 04.09.2024 at about 12 noon near Durga Devi Temple. At that juncture, present petitioner along with other 21 persons, were present in the panchayat and directed that Rs.15,00,000/- fine is to be paid by him and his father by selling the agricultural land. When the same was questioned, present petitioner and Parvati got enraged and started assaulting her father with chappals and kicked him. Other accused persons also assaulted his father and they abused him in filthy language and pulled the hairs of his mother and misbehaved with the complainant. All of them abused and still continued to outrage the modesty of his mother. - 4 - NC: 2025:KHC-D:4574 CRL.P No. 101273 of 2025 3.3. Basavaraj, Appayya, Mallappa and Annappa pacified the incident. Because of the said incident, his father with deep insult, committed suicide. 4. Based on the complaint, police registered the case and are investigating the matter. 5. Accused No.1 who is the present petitioner and Balappa being the accused No.5, did approach the Trial Court for grant of anticipatory bail which was rejected by the Trial Court. 6. Thereafter, petitioners are before this Court, in this petition. 7. Since the petition against accused No.5 is dismissed as withdrawn, request of the accused No.1 is considered on merits. 8. Smt.Girija S. Hiremath, learned High Court Government Pleader however opposed the bail grounds by contending that because of the insult made by the present petitioner and others, valuable life of a handicapped - 5 - NC: 2025:KHC-D:4574 CRL.P No. 101273 of 2025 person has been lost and therefore, no mercy can be shown to the accused persons and sought for dismissal of the petition. 9. Having heard the parties in detail, it is noticed that investigation is crippled to a considerable extent for want of presence of the petitioner. 10. Moreover, accused No.1/petitioner No.1 being the widow, if directed to join the investigation by appearing before the Investigation Officer and undergo limited period of custodial interrogation, ends of justice would be met. 11. Accordingly, without expressing further opinion on the merits of the matter, following: ORDER i. Criminal petition is allowed in part. ii. Petition against petitioner No.2 is dismissed as withdrawn. - 6 - NC: 2025:KHC-D:4574 CRL.P No. 101273 of 2025 iii. Petitioner No.1 is directed to join the investigation by appearing before the Investigation Officer on 24.03.2025 9.00 a.m. iv. The Investigating Officer is at liberty to take petitioner No.1 to custody and complete the custodial interrogation if any, on the same day before 5.00 p.m. v. Petitioner No.1 shall cooperate with the Investigation Officer in all respects. vi. Thereafter, petitioner No.1 be enlarged 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. vii. Petitioner No.1 shall attend the Court regularly. - 7 - NC: 2025:KHC-D:4574 CRL.P No. 101273 of 2025 viii. Petitioner No.1 shall mark her attendance before the Investigating Officer on every Sunday between 10.00 am to 2.00 pm., till the final report is filed. ix. Petitioner No.1 shall not directly or indirectly tamper the prosecution evidence or hamper the investigation process in any manner. x. Petitioner No.1 shall not threaten the prosecution witnesses in any manner. xi. Petitioner No.1 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 the bail. Ordered accordingly. SD/- (V.SRISHANANDA) JUDGE KAV CT:PA LIST NO.: 1 SL NO.: 22