- 1 - NC: 2025:KHC-D:6630 CRL.P No. 101501 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101501 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. SMT. AARATI @ AARATI BAI, W/O. PRAVEEN, AGED ABOUT 28 YEARS, R/O. VENKATAGIRI THANDA-583223, SANDURU TALUK, BALLARI DISTRICT. 2. DHARMA NAIK S/O LOKYA NAIK, AGED ABOUT 53 YEARS, R/O. VENKATAGIRI THANDA-583223, SANDURU TALUK, BALLARI DISTRICT. 3. SMT. SHOBHA BAI W/O. DHARMA NAIK, AGED ABOUT 47 YEARS, R/O. VENKATAGIRI THANDA-583223, SANDURU TALUK, BALLARI DISTRICT. 4. KARTIKA NAIK S/O. DHARMA NAIK, AGED ABOUT 29 YEARS, R/O. VENKATAGIRI THANDA-583223, SANDURU TALUK, BALLARI DISTRICT. 5. VIODA NAIK S/O. DHARMA NAIK, AGED ABOUT 23 YEARS, R/O. VENKATAGIRI THANDA-583223, SANDURU TALUK, BALLARI DISTRICT. …PETITIONERS (BY SRI. K.L. PATIL, ADVOCATE) V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.22 11:03:10 +0530 - 2 - NC: 2025:KHC-D:6630 CRL.P No. 101501 of 2025 AND: THE STATE OF KARNATAKA THROUGH HOSAPETE TOWN P.S., REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS 2023, SEEKING TO ALLOW CRIMINAL PETITION AND ENLARGE PETITIONER ON ANTICIPATORY BAIL IN CONNECTION WITH HOSAPETE TOWN P.S. CRIME NO. 24/2025 WHICH IS REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 108, 115(2), 351(2), 351(3), 352 READ WITH SECTION 3(5) OF BNS 2023 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC HOSAPETE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri K.L. Patil, learned counsel for petitioners and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent. - 3 - NC: 2025:KHC-D:6630 CRL.P No. 101501 of 2025 2. Petition under Section 482 of Bharatiya Nagarika Suraksha Sanhita, 2023 with the following prayer: “To allow criminal petition and enlarge petitioner on anticipatory bail in connection with Hosapete Town P.S. Crime No. 24/2025 which is registered for the offences punishable under Sections 108, 115(2), 351(2), 351(3), 352 read with Section 3(5) of BNS 2023 on the file of Prl. Civil Judge and JMFC Hosapete.” 3. Facts in brief which are utmost necessary for the disposal of the petition are as under: A complaint came to be lodged by Eshappa Ramappa Ketavat with Hospet Town Police Station, Vijay Nagar District on 19.02.025 which was registered in Crime No.24/2025 for the offences punishable under Sections 108, 115(2), 3(5), 351(2), 351(3) and 352 of Bharatiya Nyaya Sanhita, 2023. 4. Gist of the complaint averments would reveal that son of the complainant by name Praveen had been - 4 - NC: 2025:KHC-D:6630 CRL.P No. 101501 of 2025 married to Aarti @ Hema on 26.04.2024. Thereafter they had obtained a house on rent in S.L. chowki and complainant had returned to his Tanda viz., Tumbidakeri. Son of the complainant said to have informed the complainant that first accused and her family members are torturing him. However, son of the complainant had been advised to put up with the minor bickering and lead a happy married life. 5. When the matter stood thus, on 10.02.2025 at about 12:15 pm, son of the complainant called the complainant and informed him that on 09.02.2025 at about 11:00 pm, accused No.5 and others visited the house of the son of the complainant and abused him in filthy language and told him that son of the complainant should not torture Aarti @ Hema, otherwise they are going to take away his life. Thereafter, they started assaulting him and Manohar, Sameer and others pacified the quarrel. After the quarrel was pacified, Aarti was taken back to her parental place. - 5 - NC: 2025:KHC-D:6630 CRL.P No. 101501 of 2025 6. It is also informed by the son of the complainant that unable to bear the torture and the insult which has occurred in the public, he has consumed poison. 7. Immediately complainant informed his friend Anwar Basha and told him to accord necessary help to his son. Accordingly, Anwar Basha and Sameer took the son of the complainant to the hospital in an auto rickshaw and admitted him. Thereafter he was shifted to higher medical care at KIMS Hospital at Koppal. However, despite best medical treatment, son of the complainant lost his life on 19.02.2025 at about 1:45 pm. 8. Accordingly, complainant sought for action against the present petitioners. Thereafter, police are investigating the matter. 9. Petitioners did approach the trial Court for grant of bail which was rejected by the learned trial Judge. Thereafter, learned Session Judge. Thereafter, the petitioners are before this Court. - 6 - NC: 2025:KHC-D:6630 CRL.P No. 101501 of 2025 10. Sri K.L. Patil, learned counsel for petitioners submits that for the incident that was reported on 10th of February 2025, the complainant did not deem it fit to approach the police and after the death of Praveena, belatedly complaint came to be lodged on 19.02.2025 which exposes the hollowness in the case of the prosecution and petitioners are innocent of the offences alleged against them and therefore, sought for grant of anticipatory bail. 11. Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent opposes the bail grounds. 12. Having heard the arguments of both the sides in detail, this Court perused the material on record meticulously. 13. On such perusal of the material on record, admittedly for the incident that said to have occurred on 09.02.2025, there was an information to the complainant on 10.02.2025 by the very same Praveena who is the son - 7 - NC: 2025:KHC-D:6630 CRL.P No. 101501 of 2025 of the complainant that he has consumed poison. Instead of rushing to the aid of his son, complainant said to have informed Anwar Basha to take him to the medical care. Thereafter, on 19.02.2025, son of the complainant died in KIMS Hospital, Koppal despite best treatment. 14. Taking note of these aspects of the matter and delay in lodging the complaint especially when incident was reported by the deceased himself when he was conscious to the complainant on 10.02.2025 itself and also taking note of the fact that investigation has crippled to a major extent on account of want of presence of the present petitioners, directing the petitioners to join the investigation and undergo limited period of custodial interrogation would meet the ends of justice. Accordingly, without expressing further opinion on the merits of the matter, following order is passed. ORDER (i) The criminal petition is allowed. - 8 - NC: 2025:KHC-D:6630 CRL.P No. 101501 of 2025 (ii) Petitioners are directed to join the investigation by appearing before the Investigating Officer on 29.04.2025 at 10.00 a.m. (iii) The Investigating Officer is at liberty to take the petitioners to custody and complete the investigation on the same day before 6.00 p.m. and thereafter enlarge them on bail, by taking a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one surety for the likesum to the satisfaction of the Investigating Officer. (iv) Petitioners shall co-operate with the investigating and in that regard, petitioners shall mark their attendance before the Investigating Officer on every third Sunday between 10.00 am and 2.00 pm., till the final report is filed. (v) Petitioners shall not tamper the prosecution witnesses in any manner. (vi) Petitioners shall attend the Court regularly. (vii) Petitioners shall not leave the jurisdiction of Vijayanagara and Ballari Districts without prior permission. - 9 - NC: 2025:KHC-D:6630 CRL.P No. 101501 of 2025 Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA List No.: 1 Sl No.: 17