- 1 - NC: 2025:KHC-D:7145 CRL.P No. 101809 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 101809 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SRI. RAGAVENDRAREDDY @ RAGAVENDRAREDDY R. S/O. MALLAPPAREDDY R. AGE: 46 YEARS, OCC: TEACHER, R/O: ANKASAMUDRA TQ. HAGARIBOMMANAHALLI NOW AT JAYANAGAR, GANGAVATHI-583212. …PETITIONER (BY SRI. N.D. GUNDE, ADVOCATE) AND: STATE OF KARNATAKA BY GANGAVATHI TOWN P.S REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DHARWAD 580001. …RESPONDENT (BY SRI. RAMESH CHIGARI, AGA) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) SEEKING TO GRANT HIM REGULAR BAIL IN THE CRIME NO.79/2025 OF GANGAVATHI TOWN POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 85, 108, R/W 3(5) OF BNS PENDING BEFORE PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT GANGAVATHI KOPPAL DIST. IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA Date: 2025.05.06 17:20:19 +0530 - 2 - NC: 2025:KHC-D:7145 CRL.P No. 101809 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) This petition is filed by accused No.1/petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS-2023’) and Section 439 of Code of Criminal Procedure (for short ‘Cr.P.C’), for grant of bail in Crime No.79/2025 of Gangavathi town police station, registered for the offences punishable under Sections 85, 108 read with Section 3(5) of BNSS-2023 against accused No.1. 2. Learned counsel for the petitioner would submit that on the basis of the complaint filed by one Manjunath Parasappa, brother of the deceased, the Gangavathi Police have registered the case in Crime No.79/2025 against the accused No.1-Ragavendrareddy, accused No.2-Shanmukhappa Reddy and accused No.3-Sagar for the commission of offence punishable under Sections 85, 108 read with section 3(5) of BNSS-2023 and fir was submitted to the court on 11.04.2025. On the same day, accused No.1 was arrested and since the date of arrest, the accused No.1 is in Judicial Custody. It is also submitted that the accused Nos.2 and 3 have obtained - 3 - NC: 2025:KHC-D:7145 CRL.P No. 101809 of 2025 anticipatory bail from Additional District and Sessions Judge, Koppal (sitting at Gangavathi) in Criminal Misc.No.83/2025. Further he has reiterated the averments made in the criminal petition and sought for bail. 3. Learned AGA Sri. Ramesh Chigari orally opposed to the bail application contending that the alleged commission of offence is punishable with imprisonment for ten years and investigation is in progress, and at this stage, if bail is granted there may be chances of accused tampering the witnesses. On all these grounds, sought for rejection of bail application. 4. It is not in dispute that the accused Nos.2 and 3 have already obtained bail from Additional District and Sessions Judge, Koppal (sitting at Gangavathi), in Criminal Misc.No.83/2025, as per order dated 28.04.2025. The alleged commission of offence is not punishable with death or imprisonment for life. The accused is a teacher by profession and is permanent resident of Ankasamudra Village of Hagaribommanahalli Taluk. The deceased has committed suicide after lapse of 13 years from the date of marriage with accused No.1. No case is registered against accused no.1 till this day, - 4 - NC: 2025:KHC-D:7145 CRL.P No. 101809 of 2025 except present case. Hence, taking into consideration of nature and gravity of offence and release of accused Nos.2 and 3 on anticipatory bail and previous antecedents of the accused No.1, it is just and proper to release the accused No.1 on bail imposing conditions. 5. Hence, I proceed to pass the following: Order I) The Criminal Petition filed by the petitioner/accused No.1 under section Sections 483 of BNSS-2023 and 439 of Cr.P.C is hereby allowed. II) The petitioner/accused No.1 shall be released on bail on executing a personal bond for a sum of Rs.1,00,000/- for the like sum to the satisfaction of the jurisdictional magistrate. III) The petitioner/accused No.1 shall make himself available for interrogation by police officer as and when required. - 5 - NC: 2025:KHC-D:7145 CRL.P No. 101809 of 2025 IV) The petitioner/accused No.1 shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the court or to any police officer. V) The accused should not tamper the prosecution witnesses in any manner. Sd/- (G BASAVARAJA) JUDGE Pmp Ct-cmu List no.: 1 sl no.: 7