- 1 - HC-KAR NC: 2025:KHC-D:12414 CRL.P No. 103486 of 2025 C/W CRL.P. No.103489 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103486 OF 2025 (439(CR.PC)/483(BNSS)) C/W CRIMINAL PETITION NO. 103489 OF 2025 (438(CR.PC)/482(BNSS)) IN CRL.P. NO.103486 OF 2025: BETWEEN: ANAND S/O IRAPPA KADAPATTI, AGE. 35 YEARS, OCC. EMPLOYEE PVT. FIRM, R/O. NEAR PAI MAHARAJ BUILDING, BENDIGERI ONI, HUBBALLI-580 026. … PETITIONER (BY SRI. L.S. SULLAD, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HUBLI-DHARWAD CITY WOMEN P.S., REP. BY HGP, DHARWAD BENCH. … 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 ABOVE SAID PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN HUBBALLI-DHARWAD WOMEN PS CRIME NO.39/2025 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC HUBBALLI FOR OFFENCES PUNISHABLE UNDER SECTIONS 85, 108, 115(2), 352 R/W 3(5) OF BNS, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12414 CRL.P No. 103486 of 2025 C/W CRL.P. No.103489 of 2025 IN CRL.P. 103489 OF 2025: BETWEEN: 1. GANGAMMA W/O IRAPPA KADAPATTI, AGE. 52 YEARS, OCC. HOUSE WIFE, R/O. SHARANNAGAR, NEW GABBUR, HUBBALLI-580 026. 2. ANIL S/O IRAPPA KADAPATTI, AGE. 30 YEARS, OCC. HOUSE WIFE, R/O. NEAR PAI MAHARAJ BUILDING, BENDIGERI ONI, HUBBALLI-580 026. … PETITIONERS (BY SRI. L.S. SULLAD, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HUBLI-DHARWAD CITY WOMEN P.S., REP. BY HGP, DHARWAD BENCH. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023), PRAYING TO DIRECT THE RESPONDENT, TO RELEASE THE PETITIONERS/ACCUSED NO.2 AND 3 ON THE ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN RESPONDENTS HUBBALLI-DHARWAD WOMEN PS CRIME NO.39/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 85, 108, 115(2), 352 R/W 3(5) OF BNS ON THE FILE PRL. CIVIL JUDGE AND JMFC, HUBLI, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12414 CRL.P No. 103486 of 2025 C/W CRL.P. No.103489 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused nos.1 to 3 in Crime No.39 of 2025 registered by, Hubballi-Dharwad City Women Police Station for offences punishable under Sections 85, 108, 115(2), 352 read with 3(5) of BNS 2023 are before this Court in these two petitions filed under Sections 483 and 482 of BNSS 2023 seeking regular bail and anticipatory bail respectively. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.39 of 2025 was registered by Hubballi-Dharwad City Women Police Station for the aforesaid offences against petitioners herein and another based on the first information dated 03.07.2025 received from Nagaveni, who is the mother of deceased Asha. During the course of investigation, accused no.1 who is the husband of the deceased was arrested on 04.07.2025 and subsequently, remanded to judicial custody. His bail application filed before the Jurisdictional Sessions Court in Criminal Misc.No.5439 of 2025 was rejected on 04.08.2025. - 4 - HC-KAR NC: 2025:KHC-D:12414 CRL.P No. 103486 of 2025 C/W CRL.P. No.103489 of 2025 Therefore, he is before this Court in Criminal Petition No.103486 of 2025. Apprehending arrest in the case accused nos.2 and 3 had filed Criminal Misc.No.5445 of 2025 before the Jurisdictional Sessions Court which was rejected on 04.08.2025. Therefore, they are before this Court in Criminal Petition No.103489/2025. 4. Perusal of the material on record would go to show that marriage of deceased Asha with accused no.1 was performed on 07.05.2018 and from the said wedlock the couple have two children. Asha had committed suicide in her parents’ house on 03.07.2025, by hanging herself. It is under these circumstances, FIR was registered for the aforesaid offences against the petitioners and another. Investigation in the case is completed and charge sheet has been filed. Allegation in the charge sheet is that accused no.1 who is the husband of the deceased was ill-treating the deceased for the reason that she had some illicit relationship with another man. Therefore, it appears that a - 5 - HC-KAR NC: 2025:KHC-D:12414 CRL.P No. 103486 of 2025 C/W CRL.P. No.103489 of 2025 panchayath was also held and subsequently, deceased had committed suicide in her parents' house on 03.07.2025. 5. There is no such allegation in the first information or in the charge sheet that accused persons had committed such an act immediately prior to the deceased committing suicide, which would have abetted or instigated the deceased to take the drastic step of committing suicide on 03.07.2025. The alleged offences are not punishable with death or life imprisonment. Under the circumstances, I am of the view that prayer made by the petitioners for grant of regular bail and anticipatory bail respectively, needs to be answered affirmatively. 6. Accordingly, the following: ORDER (i) Criminal Petitions are allowed. (ii) Accused No.1 is directed to be enlarged on bail in Crime No.39 of 2025 registered by, Hubballi-Dharwad City Women Police Station for offences punishable under - 6 - HC-KAR NC: 2025:KHC-D:12414 CRL.P No. 103486 of 2025 C/W CRL.P. No.103489 of 2025 Sections 85, 108, 115(2), 352 read with 3(5) of BNS 2023, subject to the following conditions: i. Accused No.1 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. Accused No.1 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; iii. Accused No.1 shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. Accused No.1 shall not involve in similar offences in future. v. Accused No.1 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. (iii) The respondent – Police or any other Police in the State of Karnataka are directed to release the accused Nos.2 and 3 in the event of their arrest in Crime No.39 of - 7 - HC-KAR NC: 2025:KHC-D:12414 CRL.P No. 103486 of 2025 C/W CRL.P. No.103489 of 2025 2025 registered by, Hubballi-Dharwad City Women Police Station for offences punishable under Sections 85, 108, 115(2), 352 read with 3(5) of BNS 2023, subject to the following conditions: i. Accused Nos.2 and 3 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/- each with two sureties for the like sum to the satisfaction of the concerned Court. ii. Accused Nos.2 and 3 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. Accused Nos.2 and 3 shall not tamper with the prosecution witness. iv. Accused Nos.2 and 3 shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 24