- 1 - HC-KAR NC: 2025:KHC-D:18405 CRL.P No. 104787 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104787 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SMT. NETRA W/O. VEERESH YADAVANNAVAR, AGE. 28 YEARS, OCC. CHO, PRIMARY HEALTH CENTRE, BYAHATTI, R/O. H.NO.59, SURABHI NAGAR, OLD-HUBBALLI, HUBBALLI, PIN-580030. …PETITIONER (BY SRI. SANTOSH B.MALAGOUDAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH PSI, OLD HUBBALLI POLICE STATION, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:18405 CRL.P No. 104787 of 2025 REPRESENTED BY ITS ADDL. STATE PUBLIC PROSECUTOR, SPP OFFICE, HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS, PRAYING TO, ENLARGE HER ON BAIL IN THE EVENT OF HER ARREST ON SUCH TERMS AND CONDITIONS AS DEEMED FIT IN OLD HUBBALLI P.S. CRIME NO.242/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 108 R/W SECTION 3(5) OF BNS, 2023 IN SO FAR AS PRESENT PETITIONER/ACCUSED NO.1 IS CONCERNED. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2025:KHC-D:18405 CRL.P No. 104787 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of anticipatory bail in Crime No.242/2025 of respondent-police for the offence under Sections 108 R/W Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘BNS’). Brief facts of the case: 2. The case of the prosecution is that Sri. Gurupadappa Yadavannavar son of Vishwanath lodges a complaint stating that one Veeresh was his son and he was working as a salesman in Tata Ply Company. The complainant had performed the marriage of his son with the present petitioner on 27.01.2023. The petitioner was working as a CHO (Community Health Officer) in Primary Helath Centre, Byahatti. She was staying with her aunt in Surabhinagar. The son of the complainant used to come and stay along with his wife at Hubballi for some time and thereafter, he got transferred from different areas to - 4 - HC-KAR NC: 2025:KHC-D:18405 CRL.P No. 104787 of 2025 Hubballi and staying in the house where the present petitioner was residing. The couple had one year ten months old child. Presently, the petitioner was staying in Basavana Bagewadi. 3. It is further stated that the son of the complainant was suspecting the fidelity of his wife and he was instructing his wife not to continue illicit relationship with another person. However, according to the complainant, she was not mending her ways. She used to threaten his son, Veeresh, by saying that, she would file a false dowry case against him if he restricts her in anyways. Such being the fact, it is stated that, on 05.11.2025 at about 3.30 p.m. to 7.15 p.m., his son, Veeresh is stated to have committed suicide by hanging himself to the fan. Hence, this complaint. 4. Based on the complaint, the respondent-police registered a case in Cr.No.242/2025 against the petitioner. - 5 - HC-KAR NC: 2025:KHC-D:18405 CRL.P No. 104787 of 2025 After completion of investigation, submitted the charge sheet for the aforesaid offence. 5. Heard Sri. Santhosh B Malagoudar, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavar, learned High Court Government Pleader for respondent No.1-State. 6. It is the submission of learned counsel for the petitioner is that nowhere in the complaint, it is stated that how, when and with whom the present petitioner was having illicit relationship has not forthcoming. Mere making allegations that she had illicit relationship with another person is not sufficient to bring her within the definition of aforesaid provisions. It is further submitted that the petitioner is working as a CHO at Byahatti and she being 28 years old and the nursing mother of a toddler, she has to take care of her child. There are no allegations against her to attract the ingredients of Section 108 of BNS. Therefore, she may be enlarged on bail by granting anticipatory bail. - 6 - HC-KAR NC: 2025:KHC-D:18405 CRL.P No. 104787 of 2025 Making such submissions, learned counsel for the petitioner prays to allow the petition. 7. Per contra, the learned High Court Government Pleader for respondent - State vehemently submitted that the averments of the complaint would disclose that the petitioner had an illicit relationship with someone. Due to the alleged illicit relationship, the deceased—the petitioner's husband not only became deeply frustrated, but also, he has been threatened by his wife with a false dowry case. There is a clear threat by the petitioner to the deceased to take extreme steps to commit suicide. Therefore, it is not appropriate to grant anticipatory bail to the petitioner. Making such submissions, the learned High Court Government Pleader prays to reject the petition. 8. Having heard learned counsel for the respective parties and on perusal of the averments of the complaint, prima-facie, it appears that the complainant had made certain allegations against the petitioner about her illicit - 7 - HC-KAR NC: 2025:KHC-D:18405 CRL.P No. 104787 of 2025 relationship with someone. However, no specific name is forthcoming with whom she had such an affair. 9. Be that as it may, having considered that she is a feeding mother and she has to take care of the toddler, it is appropriate to grant bail by imposing suitable conditions. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in the event of her arrest in Crime No.242/2025 of respondent-police for the offence under Section 108 read with Section 3 (5) of BNS, 2023, on executing personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with one surety for the likesum to the satisfaction of the Trial Court. - 8 - HC-KAR NC: 2025:KHC-D:18405 CRL.P No. 104787 of 2025 (iii) The petitioner shall appear before the jurisdictional police within a period of one month from today to execute personal bond and also to furnish surety. (iv) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vi) The petitioner shall not commit any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE JS/CT: UMD List No.: 1 Sl No.: 41