- 1 - NC: 2025:KHC-D:7197 CRL.P No. 101895 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF MAY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA CRIMINAL PETITION NO.101895 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. ARJUNA S/O. GANESHAPPA MALLADAD, AGE: 45 YEARS, OCC: AGRICULTURE. 2. SMT. ASHWINI W/O. KARIYAPPA CHITAGI, AGE: 36 YEARS, OCC: HOUSEWIFE. 3. SHIVAPUTRAPPA S/O. GANESHAPPA MALLADAD, AGE: 34 YEARS, OCC: HOUSEWIFE. 4. SMT. JAYAVVA W/O. ARJUNA MALLADAD, AGE: 40 YEARS, OCC: HOUSEWIFE. 5. SMT. SHAILA W/O. SHIVAPUTRAPPA MALLADAD, AGE: 30 YEARS, OCC: HOUSEWIFE. 6. NAGARAJ S/O. MARUTEPPA MALLADAD, AGE: 55 YEARS, OCC: AGRICULTURE. 7. DURGAPPA S/O. NAGARAJ MALLADAD, AGE: 23 YEARS, OCC: PVT SEVICE. 8. HANUMANTAPPA S/O. NAGARAJ MALLADAD, AGE: 21 YEARS, OCC: AGRICULTURE. Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7197 CRL.P No. 101895 of 2025 ALL PETITIONERS ARE R/O: TEREDAHALLI VILLAGE, TQ/DIST: HAVERI – 581 110. …PETITIONERS (BY SRI. VIJAYENDRA BHIMAKKANAVAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH GUTTAL POLICE STATION, NOW REPTD. BY ITS SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (U/S. 482 OF BNSS, 2023) SEEKING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN GUTTAL P.S.CRIME NO.0080/2025 REGISTERED PURSUANT TO THE COMPLAINT AND FIR VIDE ANNEXURE-A AND B DATED 17.04.2025 FOR OFFENCES PUNISHABLE UNDER SECTIONS 108, 115(2), 118(2), 352, 351(3), 190 OF THE BHARATIYA NYAYA SANHITA (BNS) 2023 (SECTIONS 306, 323, 324, 504, 506 AND 149 OF IPC) IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - NC: 2025:KHC-D:7197 CRL.P No. 101895 of 2025 ORAL ORDER 1. The petitioners are seeking anticipatory bail in connection with crime No.80/2025 registered pursuant to the information and FIR dated 17.04.2025 for the offences punishable under Sections 108, 115(2), 118(1), 352, 351(3), 190 of Bharatiya Nyaya Sanhita (‘BNS, 2023’ for short) alleging that the petitioners abated the suicide of Basavaraj, 17 years old son of petitioner No.2(accused No.2) and the first informant. 2. The prosecution case is that the deceased consumed poison, allegedly brought by the petitioners. 3. Learned counsel for the petitioners submits that there is no material available to indicate that the petitioners had instigated, aided or actively abetted the deceased to take such step. 4. It is also brought to the notice of this Court that a matrimonial dispute is pending between the deceased’s parents petitioner No.2 (accused No.2) and informant - 4 - NC: 2025:KHC-D:7197 CRL.P No. 101895 of 2025 indicating the possibility of false implication arising out of bitterness. Further it is contended that accused No.2 had filed a prior complaint against the informant and was granted maintenance by a Family Court order in RPFC.No.100084/2024. 5. In addition, the documentary material placed on record, such as biometric attendance of accused No.7 and certificate in respect of attendance of accused No.8 in rally selection camp of BSF at Bengaluru appointment period between 14.04.2025 and 19.04.2025 supports their absence at the place of incident, which prima facie casts doubt on their involvement. 6. Considering the lack of direct role, the absence of custodial necessity and the circumstances surrounding the dispute, this Court is of the considered view that the custodial interrogation is not further warranted and they deserve the benefit of anticipatory bail. Accordingly, in the event the petitioners are arrested they shall be enlarged on bail subject to following conditions: - 5 - NC: 2025:KHC-D:7197 CRL.P No. 101895 of 2025 a. The petitioners shall furnish personal bond of Rs.50,000/- each with two sureties of likesum to the satisfaction of the trial Court. b. They shall appear before the investigation officer until the filing of charge sheet and shall co-operate with the investigation. c. The petitioners accused shall not leave the jurisdiction of the Court without prior permission. d. The petitioners shall not tamper with the prosecution witnesses or hamper the investigation in any manner. _________Sd/-_________ JUSTICE K.S.HEMALEKHA AT CT-ASC List No.: 2 Sl No.: 7