- 1 - HC-KAR NC: 2025:KHC-D:12826 CRL.P No. 103705 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103705 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: ANANDAREDDY S/O HUCCHAPPAREDDY BANAKAR, AGE. 55 YEARS, OCC. COOLIE, R/O. TEREDAHALLI, TQ. RANEBENNUR, DIST. HAVERI-581 115. … PETITIONER (BY SRI. NAVEEN CHATRAD, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH HALAGERI POLICE STATION, R/BY ADDL. SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: 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 THIS CRIMINAL PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN S.C. NO.40/2025 (IN HALAGERI P.S. OF CRIME NO.36/2025) PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, HAVERI SITTING AT RANEBENNUR IN FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 332(C), 103(1), AND 61(2) R/W SECTION 3(5) OF BNS. SO FOR IT RELATES TO ACCUSED NO.1 IS CONCERNED, 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:12826 CRL.P No. 103705 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in S.C. No.40 of 2025 pending before the Court of Second Additional District and Sessions Jduge, Haveri (sitting at Ranebennur), arising out of Crime No.36 of 2025 registered by Halageri Police Station, Kumarapatnam Circle, Haveri District for the offences punishable under Section 332(c), 103(1) and 61(2) read with Section 3(5) of the BNS, 2023, is before this Court under Section 483 of the BNSS, 20236 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.36 of 2025 was registered by Halageri Police Station, Kumarapatnam Circle, Haveri District, against unknown persons initially for offences punishable under Section 332(c) and 109 of the BNS, 2023, based on the first information dated 18.02.2025 received from Shailesh Garapatti, relative of the deceased Premalatha. During the course of investigation, the - 3 - HC-KAR NC: 2025:KHC-D:12826 CRL.P No. 103705 of 2025 petitioner herein who is the brother-in-law of the deceased was arrested on 25.02.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against four persons. The petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in S.C. No.40 of 2025 was rejected on 22.08.2025. Therefore, he is before this Court. 4. In the first information which was submitted on 18.02.2025, it is stated that Premalatha, who was a widow, was residing alone in her house after her husband's death. The first informant who is her relative was taking care of her and on 16.02.2025 at about 07:45 a.m. he and his wife had gone to the house of Premalatha and after serving her breakfast had gone to attend a marriage at Shikaripura. At about 12:30 p.m. on 16.02.2025 he received a phone call from his relative Sahadev Reddy, who informed him that Premalatha was found grievously injured in her house and therefore she was shifted to the hospital. Immediately thereafter the first informant went to the hospital in which - 4 - HC-KAR NC: 2025:KHC-D:12826 CRL.P No. 103705 of 2025 Premalatha was admitted and since she was not conscious, he could not collect any information about the incident in which she was injured. It is under these circumstances, after two days from the alleged date of incident, FIR was initially registered against unknown persons for the offences punishable under Section 332(c) and 109 of the BNS, 2023. It appears that subsequently, the injured Premalatha had died in the hospital on 19.02.2025, while undergoing treatment. Thereafter, offence punishable under Section 103 of the BNS, 2023 was invoked in the present case. During the course of investigation, the petitioner who is the younger brother of the husband of the deceased was arrested on 25.02.2025 and after completing investigation, charge sheet has been filed against four persons. 5. As per the charge sheet allegations, the petitioner and the deceased had a dispute with regard to sharing of their family property. The petitioner who was not willing to give a share in the property to the deceased allegedly conspired with accused Nos.2 to 4 to commit the - 5 - HC-KAR NC: 2025:KHC-D:12826 CRL.P No. 103705 of 2025 murder of the deceased, who was his sister-in-law. On 16.02.2025, the petitioner had gone near the house of the deceased and on the said day, the deceased allegedly quarrelled with him and therefore the petitioner who got enraged, assaulted her with a wooden club on her head and after she fell down, he allegedly strangulated her neck with a rope and committed her murder. Thereafter he left the spot of crime and went away. 6. The entire case of the prosecution is based on circumstantial evidence, except the confession statement of the petitioner, there is no other strong material evidence to connect the petitioner to the alleged crime, at this stage. Learned counsel for the petitioner submits that accused Nos.2 to 4 have been granted regular bail in the present case.. So far as the petitioner is concerned, he has no other criminal antecedents; he is a married man having family. He is said to be an agriculturist by avocation. The trial in the case is yet to commence. Under the circumstances, I am of the opinion that prayer made by the petitioner for - 6 - HC-KAR NC: 2025:KHC-D:12826 CRL.P No. 103705 of 2025 grant of regular bail is to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner - accused No.1 is directed to be enlarged on bail in S.C. No.40 of 2025 pending before the Court of Second Additional District and Sessions Jduge, Haveri (sitting at Ranebennur), arising out of Crime No.36 of 2025 registered by Halageri Police Station, Kumarapatnam Circle, Haveri District for the offences punishable under Section 332(c), 103(1) and 61(2) read with Section 3(5) of the BNS, 2023, subject to the following conditions: (i) The petitioner – accused No.1 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; - 7 - HC-KAR NC: 2025:KHC-D:12826 CRL.P No. 103705 of 2025 (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. (v) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 28