- 1 - NC: 2025:KHC-D:5852 CRL.P No. 101351 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.101351 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SMT.PUSHPA W/O. SURESHAPPA HITTALAMANI, AGE: 50 YEARS, OCC. HOUSEHOLD WORK, R/O. MALANAYAKANAHALLI, TQ. RANEBENNUR, DIST. HAVERI-581119. …PETITIONER (BY SRI ROHIT S. PATIL, ADVOCATE FOR SRI S.T. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH HALAGERI P.S., KUMARAPATNAM CIRCLE, DIST. HAVERI, R/BY. S.P.P. HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580011. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS 2023, SEEKING TO THAT THE PETITIONER/ACCUSED NO.1 HEREIN BE ANTICIPATORY BAIL IN HALAGERI P.S. CRIME NO.01/2025 ON THE FILE OF 1ST ADDL. SENIOR CIVIL JUDGE AND JMFC COURT, RANEBENNUR, OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 103, 352, 351(2) R/W. SECTION 3(5) OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.03 10:53:44 +0530 - 2 - NC: 2025:KHC-D:5852 CRL.P No. 101351 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Rohit S. Patil, learned counsel for petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Anticipatory bail request by accused No.4 in Crime No.1/2025 on the file of Halageri Police Station. 3. Facts of the case are as under: A complaint came to be lodged by Lalitha W/o. Karabasappa Chatnalli, which was registered by Halageri Police in Crime No.1/2025 for the offences punishable under Sections 115(2), 103, 352, 351(2) and 3(5) Bharatiya Nyaya Sanhita, 2023. 4. Gist of the complaint averments would reveal that on 01.01.2025 about 5:00 pm, all the accused persons including the present petitioner picked up a quarrel with the husband of the complainant in respect of the land dispute. When the matter stood thus, on - 3 - NC: 2025:KHC-D:5852 CRL.P No. 101351 of 2025 02.01.2025 at about 7:30 pm, when husband of the complainant tried to enquire the accused persons as to why they are obstructing the enjoyment of the land, all the accused persons including the present petitioner picked up the quarrel with the husband of the complainant and accused Nos.1 and 2 initially assaulted with hands and later on present petitioner also joined the other accused persons and assaulted the husband of the complainant by hands and pulled his hairs. 5. Later on, other accused persons assaulted the husband of the complainant on chest and forcibly pushed him whereby husband of the complainant fell on the concrete road and there was a serious head injury resulting in death of husband of the complainant. 6. Request made by the petitioner to obtain an order of grant of anticipatory bail is rejected by the learned Trial Judge. Thereafter, petitioner is before this Court. - 4 - NC: 2025:KHC-D:5852 CRL.P No. 101351 of 2025 7. Sri Rohit S. Patil, learned counsel for petitioner reiterating the grounds urged in the petition vehemently contended that taking note of the fact that individual overt act has been spelt out by the complainant herself in the complaint, the request of the petitioner needs to be granted. More so, she being the lady. 8. Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent opposes the bail grounds. 9. Having heard the arguments of both the sides, it is noticed that even though offence alleged against the petitioner is, with the aid of common intention. 10. Taking note of the fact that individual overt act has been attributed to the present petitioner in assaulting the deceased with hands and pulling his hairs, this Court is of the considered opinion that directing the petitioner to join the investigation would meet the ends of justice and would also facilitate the investigation process. More so, - 5 - NC: 2025:KHC-D:5852 CRL.P No. 101351 of 2025 petitioner being a lady and the other accused persons are already in the custody and investigation is not yet completed for want of presence of the present petitioner. Accordingly, the following order is passed. ORDER (i) The criminal petition is allowed. (ii) Petitioner is directed to join the investigation by appearing before the Investigating Officer on 15.04.2025 at 10.00 a.m. (iii) The Investigating Officer is at liberty to take the petitioner to custody and complete the investigation on the same day before 5.00 p.m. and thereafter enlarge her on bail, by taking a bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the likesum to the satisfaction of the Investigating Officer. (iv) The petitioner shall co-operate with the Investigating Agency in all respects (v) Petitioner shall mark her attendance before the Investigating Officer on every third Sunday between 10.00 am and 2.00 pm., till the final report is filed. - 6 - NC: 2025:KHC-D:5852 CRL.P No. 101351 of 2025 (vi) Petitioner shall not tamper the prosecution witnesses in any manner. (vii) Petitioner shall attend the Court regularly. (viii) Petitioner shall not leave the jurisdiction of Haveri District without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA List No.: 1 Sl No.: 15