- 1 - NC: 2025:KHC-D:7240 CRL.P No. 101992 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MAY 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL CRIMINAL PETITION NO. 101992 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: FAREEDA BATANAWALE W/O. BARAKATI ALI AGE: 56 YEARS, OCC: HOME MAKER, R/O. 1ST CROSS, GANDHI EKTA COLONY, MANTUR ROAD, TQ: HUBBALLI, DIST: DHARWAD-580 020. …PETITIONER (BY SRI. G.S.MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, HD CITY WOMEN POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SRI. ASHOK KATTIMANI, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), SEEKING TO ENLARGE THE ACCUSED NO.2/PETITIONER ON REGULAR BAIL IN HD CITY WOMEN POLICE CRIME NO.002/2025 PENDING ON THE FILE OF COURT OF III ADDL. CIVIL JUDGE AND JMFC, AT: HUBBALLI IN CC NO.3804/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 80, 85, 115(2), 352 R/W SECTION 3(5) OF BHARATIYA NYAYA SANHITA, 2023 AND U/S 4 OF DOWRY PROHIBITION ACT, 1961, 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 MR. JUSTICE VIJAYKUMAR A.PATIL Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.05.29 10:07:38 +0530 - 2 - NC: 2025:KHC-D:7240 CRL.P No. 101992 of 2025 ORAL ORDER 1. This petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short, ‘the BNSS’) seeking following relief: “WHEREFORE, it is respectfully prayed that this Hon’ble Court may be pleased to Enlarge the accused no.2/petitioner on Regular Bail in HD City Women police Crime No.002/2025 pending on the file of court of III Addl. Civil Judge And JMFC, at: Hubballi in C.C. No.3804/2025 for the offences punishable U/Sec. 80, 85, 115(2), 352 R/w Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and under Section 4 of Dowry Prohibition Act, 1961, in the interest of Justice.” 2. Heard Sri.Gourishankar Mot, learned counsel appearing for the petitioner submits that the petitioner is the mother-in-law of the deceased and she was residing separately from deceased and petitioner/accused No.2 Gandhi Ekta Colony, Mantur road, Hubballi, and accused No.1 is residing at Byali plot, Mantur road, Hubaalli. It is submitted that insofar as accused Nos.3, 4, 5 and 6, this - 3 - NC: 2025:KHC-D:7240 CRL.P No. 101992 of 2025 Court has considered their petition for regular bail and they are enlarged on bail. 3. It is further submitted that accused No.2 has nothing to do with the allegations made against accused No.1 and other accused. It is also submitted that the similar set of allegations and material were placed by the prosecution against all the accused and considering the same, this Court has enlarged other accused on bail. Hence, on the ground of parity, he seeks to allow the petition. 4. Per contra, Sri.Ashok Kattimani, learned Additional Government Advocate appearing for the respondent-State submits that petitioner/accused No.2 is the mother-in-law of the deceased and nature of allegation are serious and if accused is enlarged on bail, she is likely to tamper with the witnesses, hence he seeks to dismiss the petition. - 4 - NC: 2025:KHC-D:7240 CRL.P No. 101992 of 2025 5. Heard the arguments of learned counsel for the petitioner and learned Additional Government Advocate and perused the material available on record. 6. Based on the complaint of the mother of the deceased a crime was registered in Crime No.02/2025 by HD City Women Police Station for the offences punishable under Sections 80, 85, 115(2) and 352 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’) and under Section 4 of the Dowry Prohibition Act, 1961 and later on completion of investigation, charge sheet is filed against the petitioner as well as against other accused. 7. The material on record indicated that accused No.2/petitioner was arrested by the jurisdiction Police on 11.02.2025 and she is remanded to the judicial custody. It is not in dispute that accused No.2/petitioner is mother-in- law and residing separately from matrimonial home of the accused No.1 and deceased as per charge sheet material. - 5 - NC: 2025:KHC-D:7240 CRL.P No. 101992 of 2025 8. This Court considering the bail application of the other accused i.e. accused Nos.3 to 6 has granted the bail. Considering the nature of the allegations leveled against petitioner/accused No.2 and nature of allegations against other accused which are similar. I am of the considered view that on the ground of parity, petitioner is also entitled to be enlarged on bail. Now investigation is completed and custody of petitioner/accused is note required, hence keeping her in judicial custody no purpose would be served. It is not in dispute that the petitioner has no criminal antecedent. 9. Taking note of the above said aspects of the matter and keeping in mind that Co-ordinate Bench of this Court in Crl.P.Nos.101268/2025, 101508/2025 and 100635/2025 granted bail to accused Nos.3 to 6. On the ground of parity, the petition deserves to be allowed. Hence, for the aforementioned reasons, I proceed to pass the following: - 6 - NC: 2025:KHC-D:7240 CRL.P No. 101992 of 2025 ORDER i. Bail Petition is allowed. ii. Petitioner/accused No.2 is directed to be enlarged on bail in C.C.No.3804/2025 pending on the file of the III Additional Civil Judge and JMFC, Hubballi on taking a bond in a sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the Trial Court. iii. Petitioner/accused No.2 shall not directly or indirectly tamper the prosecution evidence or process of the trial. iv. The petitioner/accused No.2 shall appear regularly as all the dates of hearing before the trial Court unless the trial Court exempts her appearance for valid reasons. v. Petitioner/accused No.2 shall not leave the jurisdiction of Dharwad District without prior permission. - 7 - NC: 2025:KHC-D:7240 CRL.P No. 101992 of 2025 Ordered accordingly. Sd/- (VIJAYKUMAR A.PATIL) JUDGE AC Ct:vh List No.: 1 Sl No.: 24