- 1 - HC-KAR NC: 2025:KHC-D:10702 CRL.P No. 103074 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103074 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: ANASAVVA @ ANASUYA W/O NEELAPPA MARATHI, AGE. 48 YEARS, OCC. PRIVATE SERVICE, R/O. DEVARAJ NAGAR, HEGGERI, OLD HUBBALLI, HUBBALLI, PIN CODE-580 020. … PETITIONER (BY SRI. SACHIN C. ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HD CITY WOMEN P.S., HUBBALLI, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, 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 ENLARGE THE PETITIONER/ACCUSED NO.2 ON REGULAR BAIL IN THE CRIME NO.33/2025 REGISTERED BY HD CITY WOMEN PS, HUBBALLI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 85, 76, 109, 115(2), 118(1) 352, R/W SECTION 3(5) OF BNS, WHICH IS PRESENTLY PENDING BEFORE THE PRL. CIVIL JUDGE AND JMFC, HUBLI, IN THE INTEREST OF JUSTICE AND EQUITY. 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:10702 CRL.P No. 103074 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.2 in Crime No.33/2025 registered by HD City Women Police Station, Hubli- Dharwad city for the offences punishable under Sections 85, 76, 109, 115(2), 118(1) 352, R/W Section 3(5) of BNS, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.33/2025 was registered by HD City Women Police Station, Hubli- Dharwad for the aforesaid offences against Shrinivas Marathi and two others, based on the first information dated 28.06.2025, received from Deepa Marathi, who is the victim in the present case. The petitioner herein who is arraigned as accused no.2 in the FIR is the mother of accused no.1 and mother-in-law of the first informant. The petitioner was arrested on 28.06.2025 and subsequently, remanded to judicial custody. Her bail - 3 - HC-KAR NC: 2025:KHC-D:10702 CRL.P No. 103074 of 2025 application filed before the Jurisdictional Sessions Court in Criminal Mission No.5414 2025 was rejected on 17.07.2024. Therefore, she is before the Court. 4. Perusal of the averments found in the first information would go to show that marriage of the accused no.1 with the first informant was solemnized on 14.03.2023. It appears that the relationship between the couple got strained after sometime and therefore, first informant had approached the jurisdictional Civil Court seeking dissolution of her marriage with accused no.1. Subsequently, the dispute between the couple was settled and the divorce case filed by the first informant was withdrawn. It is alleged that accused no.1 was abusing, assaulting and torturing the first informant in the matrimonial house and accused nos.2 and 3 who are the mother and brother of accused no.1 were supporting him. In the first information, it is alleged that on 21.06.2025 accused no.1 came home after consuming alcohol and asked his wife to cooperate for sexual intercourse. She - 4 - HC-KAR NC: 2025:KHC-D:10702 CRL.P No. 103074 of 2025 allegedly refused for the reason that she was suffering from piles and therefore, accused no.1 started abusing and assaulting her. Accused nos.2 and 3, who were sleeping in the house also supported accused no.1 and allegedly abused and assaulted the victim. 5. It is alleged that accused No.2 who is the mother-in-law of the victim allegedly kept a hot screwdriver on the body of victim girl and caused burnt injury on her hands. It is under these circumstances, FIR was registered in the present case against the husband and in-laws of the first informant. The first informant who had suffered injury in the incident in question that had taken place on the intervening night of 21.06.2025 and 22.06.2025, was taken to hospital immediately thereafter by her brother and father. Perusal of the hospital records in which victim had taken treatment immediately after the incident would go to show that the history of injury was given as assault by husband on 22.06.2025. Subsequently, there is a insertion - 5 - HC-KAR NC: 2025:KHC-D:10702 CRL.P No. 103074 of 2025 made and the words mother-in-law and husband's brother is also mentioned in the medical records. 6. The FIR in the present case is submitted to the police after a period of 6 days from the alleged date of incident, making allegations as against accused Nos.2 and 3, who are mother and brother of accused No.1. The petitioner who is a lady, aged about 48 years is in custody from 28.06.2025 onwards. The major portion of the investigation is already completed. Considering the aforesaid aspects of the matter and also having regard to the provisio to Section 480 of the BNSS, 2023, I am of the opinion that, the prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner – accused No.2 is directed to be enlarged on bail in Crime No.33/2025 registered by HD City Women Police Station, Hubballi - Dharwad City for the offences punishable under - 6 - HC-KAR NC: 2025:KHC-D:10702 CRL.P No. 103074 of 2025 Sections 85, 76, 109, 115(2), 118(1) 352, R/W Section 3(5) of BNS, 2023, subject to the following conditions: (i) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; (ii) 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; (iii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (iv) The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB, VNP / CT:BCK LIST NO.: 1 SL NO.: 20