- 1 - HC-KAR NC: 2025:KHC-D:13271 CRL.P No. 103958 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103958 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SRI. SACHIN S. S/O. SIDDAPPA, AGE. 22 YEARS, OCC. AGRICULTURE, R/O. 1ST WARD, NEAR GALLI TEMPLE, HIREKUMBALAGUNTE VILLAGE, TQ. KUDLIGI, DIST. VIJAYANAGARA, PIN-583 218. … PETITIONER (BY SMT. KAVITA RATHOD AND SRI. SANTOSH B. MALAGOUDAR, ADVOCATES) AND: THE STATE OF KARNATAKA, THROUGH PSI, HOSAHALLI POLICE STATION, R/BY ITS STATE PUBLIC PROSECUTOR, SPP OFFICE, HIGH COURT OF KARNATAKA, DHARWAD, PIN-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 ON BAIL ON SUCH TERMS AND CONDITIONS AS DEEMED FIT IN HOSAHALLI PS CRIME NO.80/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 108, 137(2), 3(5) OF BNS 2023, PENDING ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI (SITTING AT HOSPETE) IN SO FAR AS PRESENT PETITIONER/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:13271 CRL.P No. 103958 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in Crime No.80/2025 registered by Hosahalli Police Station, for the offences punishable under Sections 108, 137(2), 3(5) of BNS 2023, 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.80/2025 was registered by Hosahalli Police Station for the aforesaid offences against the petitioner and his family members based on the first information dated 23.04.2025 received from Somalingappa father of the deceased Sudha who was aged about 15 years. During the course of investigation, petitioner was arrested on 12.05.2025. After completing investigation, charge sheet has been filed against four persons and petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the Jurisdictional Sessions - 3 - HC-KAR NC: 2025:KHC-D:13271 CRL.P No. 103958 of 2025 Court in Criminal Miscellaneous No.5496 of 2025 was rejected on 30.08.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that on 12.04.2025 petitioner allegedly had taken the victim girl along with him and subsequently, on 21.04.2025, the victim girl was brought back to her house. After the victim girl was found missing from her house on 12.04.2025, her parents had not lodged any first information before the police and on the other hand in the first information it is alleged that parents of the petitioner had requested the parents of the victim girl not to approach the police and even the elders in the village had made similar request to the parents of the victim. After the victim girl had returned home, she was not talking to her parents and she also had refused to take food. 5. On 23.04.2025 at about 8.30 a.m., it was found that victim girl had consumed poison. Immediately thereafter she was taken to hospital. But she had died in - 4 - HC-KAR NC: 2025:KHC-D:13271 CRL.P No. 103958 of 2025 the said hospital on the same day. Allegation against the accused is that victim girl had informed the first informant that the petitioner and his family members had tortured her and petitioner had asked her to go and die and therefore she had consumed poison. 6. After the victim girl had returned home, the petitioner and the other accused were not in contact with her and on the other hand, in the first information itself it is mentioned that after the victim girl returned home she had not spoken to her parents and she also had refused to eat food. It appears that the petitioner and the victim girl were in love and they had together eloped on 12.04.2025 and subsequently after the intervention of villagers and elders of both the parties, victim girl was brought back and she had committed suicide in her house after two days by consuming poison. Investigation of the case is completed and charge has been filed. Petitioner aged about 22 years having no criminal antecedent is in custody from 12.05.2025. Alleged offences are not punishable with death - 5 - HC-KAR NC: 2025:KHC-D:13271 CRL.P No. 103958 of 2025 or life imprisonment. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered in the affirmative. Accordingly, the following: ORDER i. Criminal Petition is allowed. ii. The petitioner is directed to be enlarged on bail in Crime No.80/2025 registered by Hosahalli Police Station, Vijayanagara district for the offences punishable under Sections 108, 137(2), 3(5) of BNS 2023, subject to the following conditions: a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; b. The petitioner shall appear regularly on all the dates of hearing before the - 6 - HC-KAR NC: 2025:KHC-D:13271 CRL.P No. 103958 of 2025 Trial Court unless the Trial Court exempts his appearance for valid reasons; c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB, KGK CT:BCK LIST NO.: 1 SL NO.: 35