- 1 - NC: 2025:KHC-D:6314 CRL.P No. 101510 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.101510 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: 1. MOULASAB S/O. BALASAB BADEPPANAVAR, AGE: 70 YEARS, OCC. AGRICULTURE, R/O. PALKIMANY VILLAGE, AT: LOKAPUR TO KADARAKOPPA ROAD, NOW RESIDING AT: LOKAPUR, I.E. AT LOKAPUR TO MUDHOL ROAD, NEAR HOLE DURGADEVI TEMPLE, LOKAPUR-587122, TQ. MUDHOL, DIST. BAGALKOTE. 2. SMT. JANNATABI W/O. MOULASAB BADEPPANAVAR, AGE: 68 YEARS, OCC. HOUSEHOLD WORK, R/O. PALKIMANY VILLAGE, AT: LOKAPUR TO KADARAKOPPA ROAD, NOW RESIDING AT: LOKAPUR, I.E. AT LOKAPUR TO MUDHOL ROAD, NEAR HOLE DURGADEVI TEMPLE, LOKAPUR-587122, TQ. MUDHOL, DIST. BAGALKOTE. 3. SMT. MAMMATAJ W/O. DAVALASAB SAIYADALI, AGE: 48 YEARS, OCC. AGRICULTURE, R/O. ANAGAWADI RC CENTER, ANAGAWADI-587116, TQ. BILAGI, DIST. BAGALKOTE. 4. SMT. RAJAMA W/O. MOULASAB TAKKALAKI, AGE: 42 YEARS, OCC. AGRICULTURE, R/O. TUMMARAMATTI-587116, ANAGAWADI-587116, TQ. BILAGI, MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.09 15:58:08 +0530 - 2 - NC: 2025:KHC-D:6314 CRL.P No. 101510 of 2025 DIST. BAGALKOTE. …PETITIONERS (BY SRI. SHRUTI NEELOPANT, ADVOCATE FOR SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH POLICE SUB INSPECTOR, LOKAPUR POLICE STATION, LOKAPUR-587122, TQ. MUDHOL, DIST. BAGALKOTE, THOGH STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENCH, DHARWAD-580011. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS 2023, SEEKING TO ENLARGE THE PETITIONERS/ACCUSED NO.1 TO 4 ON ANTICIPATORY BAIL IN CASE OF THEIR ARREST PURSUANT TO LOKAPUR P.S. CRIME NO.23/2025 BY THE RESPONDENT POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTION 108, 3(5) OF BHARATIYA NYAYA SANHITA-2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Shruti Neelopant, learned counsel for Sri.Shriharsh A. Neelopant, learned counsel for petitioners and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent-State. - 3 - NC: 2025:KHC-D:6314 CRL.P No. 101510 of 2025 2. Petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (for short, ‘the BNSS’) with the following prayer: “To enlarge the petitioners/accused No.1 to 4 on anticipatory bail in case of their arrest pursuant to Lokapur P.S. Crime No.23/2025 by the respondent Police for the offence punishable under SectionA 108, 3(5) of Bharatiya Nyaya Sanhita-2023.” 3. A complaint came to be lodged by wife of the deceased with Lokapura Police Station, Bagalkot District, alleging the commission of the offence punishable under Section 108, 3(5) of the Bharatiya Nyaya Sanhita, (for short, ‘the BNS’), on 18.02.2025 which was registered in crime No.23/2025. 4. Gist of the complaint averments would reveal that deceased being the husband of the complainant was the son of petitioner No.1 herein. Petitioner No.1 possesses the land in survey No.28/2 of Lokapura taluka. Deceased said to have undergone Hernia and Hydrocele - 4 - NC: 2025:KHC-D:6314 CRL.P No. 101510 of 2025 surgery and thereafter, he lost earning capacity. In the mean time, petitioner No.1 said to have started selling the land in survey No.28/2 by converting into plots and when the same was questioned by the deceased, a false case said to have been foisted against deceased, alleging that he tried to commit the murder of petitioner No.1. 5. Deceased was successful in getting an order of grant of bail in the said case filed by petitioner No.1 and after he came back to the house, petitioner No.1 said to have abused the deceased that he would be again sent to the jail. Because of such threat given by the petitioner No.1 and others, deceased said to have suffered mental agony and in pursuant to thereof, husband of the complainant said to have committed suicide by hanging himself. 6. Based on the complaint, Police registered the case and investigated the matter. Admittedly, petitioners are not available to the investigation agency and investigation is not progressed. Anticipatory bail request - 5 - NC: 2025:KHC-D:6314 CRL.P No. 101510 of 2025 filed by the petitioners was rejected by the learned Sessions Judge. Thereafter, petitioners are before this Court. 7. Smt.Shruti Neelopant, learned counsel for the petitioners reiterating the grounds urged in the petition, vehemently contended that deceased himself was accused in complaint that was lodged by petitioner No.1 herein, wherein he tried to commit the murder of petitioner No.1. After getting an order of bail, he used to be morose in his behavior and same was only enquired by petitioners herein that there was no threat as is contended in the complaint resulting in ‘abetment’ which is sine-qua non for alleging the commission abetment of suicide by the petitioners. Therefore, she sought for grant of anticipatory bail. 8. Per contra, Smt. Girija S. Hiremath, learned High Court government Pleader for respondent-State opposes the bail grounds. - 6 - NC: 2025:KHC-D:6314 CRL.P No. 101510 of 2025 9. Having heard the arguments of both sides, this Court perused the material on record meticulously. 10. On such perusal of the material on record, it is crystal clear that petitioner No.1 had already filed a criminal case against the deceased alleging the attempt to murder of petitioner No.1. Deceased was successful in getting an order of bail. 11. Whether at all, the petitioners were responsible for committing the suicide is a fact that is to be investigated by the investigation agency. 12. Fact remains that the petitioners being not available to the investigation agency, investigation has not progressed. 13. Directing the petitioners to join the investigation and undergo limited period of custodial interrogation would meet the ends of justice in not only protecting the lives of the petitioners but also facilitating the prosecution to effectively investigate the matter. - 7 - NC: 2025:KHC-D:6314 CRL.P No. 101510 of 2025 14. Taking note of the age of petitioner No.1 and role assigned to other petitioners, apprehension expressed by the prosecution can be met with imposing suitable and stringent conditions: 15. Accordingly, the following order is passed. ORDER i. The criminal petition is allowed. ii. Petitioners are directed to join the investigation by appearing before the investigating officer on 23.04.2025 at 10.00 a.m. iii. The Investigating Officer is at liberty to take the petitioners to custody and complete the custodial investigation if any, on the same day before 6.00 p.m. iv. Thereafter, enlarged the petitioners on bail, by taking a bond in a sum of Rs.50,000/- each (Rupees one lakh only) with one surety for the likesum. v. Petitioners shall cooperate with the investigation agency in all respects. vi. Petitioners shall attend the Court regularly. - 8 - NC: 2025:KHC-D:6314 CRL.P No. 101510 of 2025 vii. Petitioners shall not directly or indirectly tamper the prosecution evidence or hamper the investigation process in any manner. viii. Petitioners shall not leave the jurisdiction of Bagalkot 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 AC CT:PA LIST NO.: 1 SL NO.: 23