- 1 - NC: 2025:KHC-D:6303 CRL.P No. 101329 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101329 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: SMT. DRAKSHAYANI W/O. NAGAPPA HUBBALLI, AGE: 50 YEARS, OCC. HOUSEHOLD WORK, R/O. GOTAGI VILLAGE, TQ. KUSHTAGI, DIST. KOPPAL-583277. …PETITIONER (BY SRI. PRAVEENKUMAR, ADVOCATE FOR SRI. ANAND R. KOLLI, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH KUSHTAGI POLICE STATION, DIST. KOPPAL-583277. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS 2023, SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CONNECTION WITH CRIME NO. 0141/2024 REGISTERED BY THE KUSHTAGI POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 85, 80(2), 103(1), 238, 3(5) OF BNS AND SECTION 4 OF DOWRY PROHIBITION ACT 1961 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC KUSHTAGI IN CC NO. 1599/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.24 14:36:37 +0530 - 2 - NC: 2025:KHC-D:6303 CRL.P No. 101329 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Praveen Kumar on behalf of Sri Anand R. Kolli, learned counsel for petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition under Section 482 of Bharatiya Nagarika Suraksha Sanhita, 2023 (hereinafter BNSS for short) with the following prayer: “To enlarge the Petitioner/Accused No.2 on anticipatory bail in the event of arrest in connection with Crime No. 0141/2024 registered by the Kushtagi Police Station for the offences punishable under Sections 85, 80(2), 103(1), 238, 3(5) of BNS and Section 4 of Dowry Prohibition Act 1961 on the file of Principal Civil Judge and JMFC Kushtagi in CC No. 1599/2024.” 3. Facts in the nutshell which are utmost necessary for the disposal of the petition are as under: 4. One Devaraja Hanamthappa Gurikar filed a complaint with Kushtagi Police on 21.08.2024 which was registered in Crime No.141/2024 for the offences - 3 - NC: 2025:KHC-D:6303 CRL.P No. 101329 of 2025 punishable under Sections 85, 80, 238, 103 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and under Section 4 of Dowry Prohibition Act, 1961. 5. Gist of the complaint averments would reveal that one Mutturaj who is the son of the present petitioner agreed to marry the sister of the complainant and there was an engagement ceremony. The said engagement ceremony was in pursuance of the love affair, which the son of the petitioner had with the sister of the complainant. Thereafter, since there was no consent given by the present petitioner, Mutturaj married the sister of the complainant through registered marriage on 03.06.2022. Thereafter, visited his native place viz., Gotagi village and had led happy married life for a brief period. Thereafter, in the marital relationship, a daughter was born. On account of a female child being born in the wedlock, there were frequent physical and mental harassment both by the petitioner as well as the husband of the sister of the complainant. - 4 - NC: 2025:KHC-D:6303 CRL.P No. 101329 of 2025 6. When the matter stood thus, when the child was aged 8 months, on 20.08.2024 at about 1.00 a.m., there was a quarrel and in the quarrel, there was an assault on the sister of the complainant and thereafter she was done to death. They even tried to bury the dead body with an intention to destroy the evidence of the crime and they did not allow the dead body to be seen by the complainant. 7. Based on the said complaint, police registered the case as referred to supra and investigated the matter in detail. Present petitioner was not available to the Investigating Agency throughout the investigation period. A charge sheet came to be filed and status of the petitioner was shown that she had been served with the notice under Section 35 of BNSS but she failed to appear. 8. Request of the petitioner seeking grant of anticipatory bail is rejected by the learned Trial Magistrate and thereafter, petitioner is before this Court. - 5 - NC: 2025:KHC-D:6303 CRL.P No. 101329 of 2025 9. Learned counsel for the petitioner reiterating the grounds urged in the petition contended that there was absolutely no role played by the petitioner in the alleged incident and she has been falsely implicated in the case by the complainant in order to extract money from her. Therefore, sought for grant of anticipatory bail. 10. Per contra, learned High Court Government Pleader opposes the bail grounds. 11. Having heard the parties in detail, this Court perused the material on record meticulously. 12. On such perusal of the material on record, admittedly, death of the sister of the complainant has taken place in the house of the petitioner. If she is no way involved in the incident, she should have lodged the complaint with the police. 13. On the contrary, material on record would reveal that petitioner and her son tried to bury the dead body so as to destroy the evidence of crime. These are all - 6 - NC: 2025:KHC-D:6303 CRL.P No. 101329 of 2025 the facts which are to be investigated by the investigation agency after taking the petitioner to custody. Custodial interrogation is necessary and if petitioner failed to adhere to the call of the police when a notice under Section 35 of BNSS came to be issued by the police. 14. Reason for not joining the investigation is not forthcoming in the present petition. Because of non appearance of the petitioner, trial has also not progressed after the charge sheet came to be filed. 15. Offences alleged against the petitioner are grave in nature more so, having regard to the fact that she did not agree for the marriage of her son with the deceased. Left with no other alternative, son of the petitioner had to marry the deceased through registered marriage. Birth of a female child is the motive for demand of dowry. 16. These are all the factors which are to be investigated thoroughly and suitable report is to be filed - 7 - NC: 2025:KHC-D:6303 CRL.P No. 101329 of 2025 by the police after the petitioner surrenders to the investigation agency. 17. Accordingly, viewed from any angle, this Court is of the considered opinion that no grounds are made out for accepting the request made by the petitioner to grant anticipatory bail by resorting to the special powers vested in this Court under Section 482 of BNSS. 18. Accordingly, the following: ORDER i. Petition is dismissed. ii. However, if the petitioner surrenders before the Trial Court and makes a request for grant of regular bail, Court may consider the same in accordance with law uninfluenced by the observations made by this Court, in this order. SD/- (V.SRISHANANDA) JUDGE NAA from para 1 to 6 KAV from para 7 to end CT:PA LIST NO.: 1 SL NO.: 13