- 1 - HC-KAR NC: 2025:KHC-D:11424 CRL.P No. 103284 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103284 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: PRAVEEN S/O RAMA MOHAN GOTTIMUKKULA, AGE. 28 YEARS, OCC. PRIVATE SERVICE, R/O. MALLIKARJUN NAGAR, PRAKASH COLONY, GADAG ROAD, HUBBALLI-580 001. … PETITIONER (BY SRI. SHUBHENDU A. AKALWADI, ADVOCATE) AND: THE STATE OF KARNATAKA, KESHWAPUR P.S. HUBBALLI, R/BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 010. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON ANTICIPATORY BAIL IN KESHWAPUR PS CRIME NO.0060/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 85 AND 108 OF BHARATIYA NYAYA SANHITA, 2023. 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:11424 CRL.P No. 103284 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in Crime No.60/2025 registered by Keshwapur Police Station, Hubballi-Dharwad for offences punishable under Sections 108 and 85 of BNS 2023 is before this Court under Section 482 of BNSS 2023 seeking anticipatory bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.60/2025 was registered by Keshwapur Police Station, Hubballi-Dharwad for the aforesaid offences against the petitioner and two others based on the first information dated 15.04.2025 received from Chinnanagiah Muppalla, father of deceased Smt.Harika. 4. Apprehending arrest in the said case petitioner had filed Criminal Miscellaneous No.5300/2025 before the Jurisdictional Sessions Court which was rejected on 06.06.2025. Therefore he is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:11424 CRL.P No. 103284 of 2025 5. Perusal of the material on record would go to show that petitioner’s wife Smt.Harika had committed suicide in her matrimonial house on 14.04.2025 by hanging herself. First informant, who is the father of the deceased, had approached the police on 15.04.2025 at about 21.15 hours and based on his first information, FIR has been registered against the petitioner, his brother and sister for the aforesaid offences. In the first information, it is stated that deceased was being tortured and ill-treated by the accused in the matrimonial house. It is also mentioned that petitioner had illicit relationship with his brother’s wife, which was informed to all the family members in the month of January 2025. However there is no mention in the first information about any act committed by petitioner immediately prior to the deceased committing suicide on 14.04.2025 which would have abetted or instigated deceased to commit suicide. There is no necessary ingredient so as to invoke the offence punishable under Section 108 of BNS 2023 in the present case. Accused - 4 - HC-KAR NC: 2025:KHC-D:11424 CRL.P No. 103284 of 2025 Nos.2 and 3 who are the brother and sister of the petitioner have been granted anticipatory bail in the present case by the Jurisdictional Court of Sessions. It is not in dispute that the petitioner has no criminal antecedents and he has undertaken to co-operate with the police for the purpose of investigation. 6. Considering the aforesaid aspect of the matter, I am of the opinion that the prayer made for grant of anticipatory bail is to be answered in the affirmative. Accordingly, the following: ORDER i. The petition is allowed. ii. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.60/2025 registered by Keshwapur Police Station, Hubballi-Dharwad for offences punishable under Sections 108 and 85 of BNS 2023, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC-D:11424 CRL.P No. 103284 of 2025 a. The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer. b. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. d. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK /CT:BCK LIST NO.: 1 SL NO.: 23