- 1 - HC-KAR NC: 2025:KHC-D:9326 CRL.P No. 102837 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102837 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: DANAVVA W/O. HANAMANT NAGANUR, AGE: 40 YEARS, OCC: HOUSEHOLD, R/O: SANGANAHATTI VILLAGE, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT-598 560. … PETITIONER (BY SRI. SHIVA SHIRUR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH MAHALINGPUR POLICE STATION, NOW R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: 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 ENLARGE THE PETITIONER/ACCUSED NO.3 ON BAIL IN MAHALINGPUR POLICE STATION CRIME NO.37/2025, PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC COURT, AT: BANNATTI FOR OFFENCE PUNISHABLE UNDER SECTIONS 118(1), 351(3), 352, 109, 103(1), 3(5) OF BNS, 2023, TO MEET ENDS OF JUSTICE. 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:9326 CRL.P No. 102837 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.3 in Crime No.37/2025 registered by the Mahalingapur Police Station, Bagalkote District for offences punishable under Sections 118(1), 351(3), 352, 109, 103(1), 3(5) of Bharatiya Nyaya Sanhita, 2023, is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.37/2025 was registered by Mahalingapur Police Station, Bagalkote District initially for offences under Sections 118(1), 351(3), 352, 109, 3(5) of Bharatiya Nyaya Sanhita, 2023 against Hanamanta Shankreppa Nagnur and two others based on the first information dated 07.06.2025 received from Channappa Nagnur who is the brother of deceased Parappa Mallappa Nagnur. During the course of investigation, petitioner herein who is arrayed as accused No.3 in the FIR was arrested on 10.06.2025 and subsequently remanded to judicial custody. Her bail application filed before the jurisdictional Sessions Court in Criminal - 3 - HC-KAR NC: 2025:KHC-D:9326 CRL.P No. 102837 of 2025 Miscellaneous No.5123/2025 was rejected on 04.07.2025. Therefore, she is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition has prayed to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. Perusal of the material on record would go to show that family of the accused and the family of the deceased are close relatives. Father of accused No.1 and father of deceased Parappa Mallappa Nagnur are direct brothers. It appears that there is some dispute between the two family members with regard to certain immovable property belonging to the family and it is in this background, they had fought against each other and in the incident in question that had taken place on the afternoon on 07.06.2025, the allegation of assaulting deceased Parappa Mallappa Nagnur and also Gangappa Mallappa Nagnur who allegedly had suffered grievous injuries, is only as against accused Nos.1 and 2. Petitioner herein is the wife of accused No.1 and mother of accused No.2. Allegation against her is that she had assaulted injured victims Ratnavva and Sunanda, who - 4 - HC-KAR NC: 2025:KHC-D:9326 CRL.P No. 102837 of 2025 have suffered only minor injuries in the incident in question. The petitioner is a married lady, aged about 40 years, who is in custody from 10.06.2025. Considering the nature of allegation found against her in the present case and also having regard to the proviso to Section 480 of Bharatiya Nagarik Suraksha Sanhita, 2023, I am of the opinion that the prayer for grant of regular bail needs to be answered affirmatively. Accordingly the following: ORDER Criminal petition is allowed. Petitioner is directed to be enlarged in Crime No.37/2025 registered by Mahalingapur Police Station, Bagalkote for offences punishable under Sections 118(1), 351(3), 352, 109, 103(1), 3(5) of Bharatiya Nyaya Sanhita, 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 - 5 - HC-KAR NC: 2025:KHC-D:9326 CRL.P No. 102837 of 2025 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. v. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against her is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE Rsh/CT:BCK LIST NO.: 1 SL NO.: 41