- 1 - HC-KAR NC: 2025:KHC-D:10413 CRL.P No. 102898 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102898 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SANJAY HALAPPA KURNE @ KUMAR S/O. HALAPPA KURNE, AGE. 32 YEARS, OCC. SHEPPARD, R/O. HASURCHAMPU VILLAGE, GADIGI GLAZ TALUK, KOLHAPUR DISTRICT, MAHARASTRA, NOW AT RESIDING KAGGAL VILLAGE, TQ. AND DIST. BALLARI. … PETITIONER (BY SMT. JOSHNA P. DHANAVE, ADVOCATE) AND: THE STATE OF KARNATAKA (KURUGOD POLICE STATION, KURUGODU), R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER WHO IS ARRAYED AS ACCUSED NO.1 ON BAIL IN CONNECTION WITH KURUGOD POLICE STATION AT THEIR P.S. CRIME NO.156/2025, DATED 18.06.2025, PENDING ON THE FILE OF 5TH ADDL. CIVIL JUDGE AND JMFC COURT, BALLARI, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 85, 103(1) AND 108 OF BNS. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10413 CRL.P No. 102898 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in Crime No.156/2025 registered by Kurugod Police Station, Ballari District for the offences punishable under Sections 103(1), 108 and 85 of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.156/2025 was registered by Kurugod Police Station, Ballari District for the aforesaid offences against the petitioner and his wife Smt. Siddavva, based on the first information dated 18.06.2025 received from Smt. Renuka, mother-in-law of the petitioner. During the course of investigation, the petitioner was arrested and remanded to judicial custody on 18.06.2025. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.525/2025 was rejected on 10.07.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:10413 CRL.P No. 102898 of 2025 4. Learned counsel for the petitioner submits that insofar as the petitioner is concerned only the offences punishable under Section 108 and 85 of BNS, 2023 gets attracted. The offence punishable under Section 103(1) of BNS, 2023 has been invoked in the FIR against accused No.2 – Siddavva, who had committed suicide by jumping to the well, after throwing her three minor daughters into the well. The petitioner has been remanded to judicial custody in the present case on 18.06.2025 and till date charge sheet is not filed. Therefore, he is entitled for statutory bail. Accordingly, she prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the prayer made in the petition, however, does not dispute that charge sheet is not filed in the present case, till date. 6. Perusal of the material on record would go to show that, the petitioner is the husband of Siddavva, who is arrayed as accused No.2 in the FIR. From the wedlock the couple had four children. On 17.06.2025 accused No.2 Siddavva had thrown her three minor daughters into the well near her house - 4 - HC-KAR NC: 2025:KHC-D:10413 CRL.P No. 102898 of 2025 and had jumped into the said well and committed suicide. It is in this background on 18.06.2025 her mother Renuka had approached the police alleging that the petitioner was ill- treating her daughter Siddavva and also was doubting her character and it is in this background Siddavva had committed suicide after throwing her three minor daughters into the well on 17.06.2025. The petitioner has been arrested and remanded to judicial custody in the present case on 18.06.2025. 7. Section 187(3) of BNSS, 2023 reads as follows: "Section 187(3) The Magistrate may authorise the detention of the accused person, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this sub- section for a total period exceeding- (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of ten years or more; (ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under - 5 - HC-KAR NC: 2025:KHC-D:10413 CRL.P No. 102898 of 2025 this sub-section shall be deemed to be so released under the provisions of Chapter XXXV for the purposes of that Chapter. 8. Insofar as the petitioner is concerned FIR has been registered only for the offences punishable under Sections 108 & 85 of BNS, 2023 and the offence punishable under Section 103(1) of BNS, 2023 is invoked only as against accused No.2 Siddavva, who had thrown her three minor daughters to the well before jumping to the very same well and committing suicide. Siddavva and her three minor daughters had died in the incident in question and it is under these circumstances, offence punishable under Section 103(1) of BNS, 2023 is invoked against deceased Siddavva. For the offence invoked as against the petitioner, time limit for filing charge sheet is 60 days from the date accused is remanded to judicial custody. In the present case, the petitioner has been remanded to judicial custody on 18.06.2025 and undisputedly till date charge sheet is not filed. Under these circumstances, I am of the opinion that the petitioner is entitled for statutory bail as provided under Section 187(3) of BNS, 2023. - 6 - HC-KAR NC: 2025:KHC-D:10413 CRL.P No. 102898 of 2025 9. Accordingly, the following: ORDER Criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.156/2025 registered by Kurugod Police Station, Ballari District for the offences punishable under Sections 103(1), 108 and 85 of BNS, 2023, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS/CT:BCK/LIST NO.: 1 SL NO.: 29