- 1 - HC-KAR NC: 2025:KHC-D:11594 CRL.P No. 102951 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102951 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI. RAJESH S/O ACCHUT KUDATARAKAR, AGE. 52 YEARS, OCC. GOLDSMITH, R/O. PLOT NO.14/16, 5TH CROSS, KESHAV NAGAR, VADAGAON, TQ. AND DIST. BELAGAVI-590 003. … PETITIONER (BY SRI. SANTOSH B. RAHUT, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH P.I. SHAHAPUR P.S., BY IT’S STATE PUBLIC PROSECUTOR, HIGH COURT OF BUILDINGS, DHARWAD BENCH, DHARWAD-580 001. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ALLOW THE PETITION AND THE PETITIONER/ACCUSED NO.1 MAY BE ENLARGED ON BAIL IN CONNECTION WITH SHAHAPUR P.S. CRIME NO.73/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 108 OF BNS ACT, PENDING BEFORE THE III JMFC, BELAGAVI, 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:11594 CRL.P No. 102951 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused in Crime No.73 of 2025 registered by Shahapura Police Station, Belagavi for offence punishable under Section 108 of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.73 of 2025 was registered by Shahapura Police Station, Belagavi, for the aforesaid offence against the petitioner herein based on the first information dated 09.07.2025 received from Smt. Sunanda Ganapati Kuradekar. During the course of investigation, petitioner herein was arrested on 09.07.2025 and remanded to judicial custody. His bail application filed before the Jurisdictional Sessions in Criminal Miscellaneous No.868 of 2025 was rejected on 21.07.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:11594 CRL.P No. 102951 of 2025 4. From the perusal of the averments found in the first information which is submitted by Smt. Sunanda Ganapati Kuradekar, it is found that her brother Santosh who was a goldsmith had suffered huge loss in his business and since he had to return gold to his customers, he was facing problems. In the first information, it is averred that Santosh had handed over 500 grams of gold to the petitioner herein and the same was not returned by the petitioner and when Santosh approached the petitioner with a request to return the gold handed over to him, the petitioner allegedly informed him that he was not required to return any gold and on the other hand, Santosh was required to return 100 grams of gold. This was informed by Santosh to his mother and two sisters on 08.07.2025 and he allegedly had stated to them that he intended to commit suicide by consuming potash which was used by him for his work purpose. His mother and sisters allegedly informed him that if he had decided to die, then they all would consume potash and die along with him. - 4 - HC-KAR NC: 2025:KHC-D:11594 CRL.P No. 102951 of 2025 5. On 08.07.2025, Santosh, his mother and two sisters decided to commit suicide and accordingly consumed potash after mixing the same in water and as a result, Santosh, his mother Mangala and his sister Suvarna had died. First informant, who is the other sister who had consumed potash was admitted in the hospital and had survived. Thereafter, she had submitted her first information, based on which the FIR was registered against the petitioner. Investigation of the case is now completed and charge sheet is filed. Undisputedly Santosh had suffered huge loss in his business and he was facing serious problems from his customers since he was required to return them gold which he had collected from them. Allegation against the petitioner is that he had not returned the gold which Santosh allegedly had handed over to him. In the first information itself it is stated that petitioner had informed Santosh that he was not required to return any gold to Santosh and on the other hand, Santosh himself was required to return him 200 grams of gold. Except the - 5 - HC-KAR NC: 2025:KHC-D:11594 CRL.P No. 102951 of 2025 aforesaid allegation, there is no other allegation found against the petitioner in the first information. Santosh and his family members had decided to commit suicide on 08.07.2025, having regard to the fact that Santosh was facing serious problems because he had suffered loss in his business and on the next day, they all had consumed potash in their house and in the said incident, except the first informant, the other three who had consumed potash had died. 6. The alleged offence against the petitioner is not punishable with death sentence or life imprisonment. Undisputedly, the petitioner, who is a goldsmith by profession, aged about 52 years, has no criminal antecedent. Since charge sheet has been filed against him, his custody is no more required by the prosecution. It is trite that accused cannot be kept in custody as a precautionary or punitive measure. Considering the aforesaid aspects of the matter, I am of the opinion, the prayer made by the petitioner for grant of regular bail - 6 - HC-KAR NC: 2025:KHC-D:11594 CRL.P No. 102951 of 2025 needs to be answered affirmatively. Accordingly, the following: ORDER Criminal petition is allowed. Petitioner is directed to be enlarged on bail in in Crime No.73 of 2025 registered by Shahapura Police Station, Belagavi for offence punishable under Section 108 of BNS, 2023, subject to the following conditions: i. The petitioner – accused 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; - 7 - HC-KAR NC: 2025:KHC-D:11594 CRL.P No. 102951 of 2025 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 RSH CT:BCK LIST NO.: 1 SL NO.: 17