- 1 - HC-KAR NC: 2025:KHC-D:9969 CRL.P No. 102111 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102111 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHARANAPPA S/O. RAMAPPA KUNTOJI, AGED ABOUT 35 YEARS, OCC: COOLIE, R/O. KUMBALAVATHI, TQ: KUSHTAGI, DIST: KOPPAL-583277. …PETITIONER (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED BY ITS PYBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD THROUGH HANUMASAGAR PS, KOPPAL, DIST. KOPPAL-583277. …RESPONDENT (BY SMT.KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) PRAYING TO ALLOW THE PETITION FILED UNDER SECTION 483 OF BNSS AND ENLARGE THE PETITIONER (ACCUSED NO. 1) ON REGULAR BAIL IN C.C. NO.02/2025 (CRIME NO.133/2024) IN HANUMASAGAR PS) FOR THE OFFENCES PUNISHABLE UNDER SECTION 103 OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9969 CRL.P No. 102111 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The accused in S.C. No.26/2025 pending on the file of Prl. District and Sessions Judge, Koppal arising out of Crime No.133 of 2024 registered by Hanumasagar Police Station, Kushtagi Circle, Koppal for the offence punishable under Section 103 read with Section 3(5) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.133 of 2024 was registered by Hanumasagar Police Station, Kushtagi Circle, Koppal initially for the offence punishable under Section 103 red with Section 3(5) of the BNS, 2023 against the petitioner and two others based on the first information dated 26.10.2024 received from Sharanappa S/o. Gangappa Katti, who is the brother of the deceased Ratnamma. During the course of investigation of the case, the petitioner was arrested on 27.10.2024 and after completing the investigation charge - 3 - HC-KAR NC: 2025:KHC-D:9969 CRL.P No. 102111 of 2025 sheet has been filed against him for the aforesaid offence. His bail application filed before the Jurisdictional Court in Crl. Misc. No.62/2025 was rejected on 25.03.2025. It is under these circumstances, he is before the Court. 4. Perusal of the material on record would go to show that the marriage of the petitioner with the deceased was performed about nine years prior to the date of registration of the FIR and from the said wedlock, they have four children. It is alleged that, the petitioner was suspecting the character of the deceased and he was in the habit of consuming alcohol and assaulting her. On 26.10.2024, the first informant was informed by CW6- Sharanappa S/o. Hanamappa, that his sister Ratnamma had committed suicide and had died. 5. Immediately thereafter, the first informant along with his relatives had gone to the house of his sister and had found the dead body of his sister, Ratnamma. On enquiry, he came to know that, the accused named in the - 4 - HC-KAR NC: 2025:KHC-D:9969 CRL.P No. 102111 of 2025 FIR had committed her murder and had hanged her dead body. It is under these circumstances, FIR was registered against accused Nos.1 to 3. After completing the investigation, charge sheet has been filed against the petitioner, who is arrayed as accused No.1 and the other two accused are dropped in the charge sheet. 6. As per the charge sheet allegation, on the night of 25.10.2024, the petitioner had fought with his wife and had assaulted her with his hands and legs. He allegedly strangulated her neck with a saree and had committed her murder. In the post-mortem report of the deceased, it is stated that, the death was as a result of asphyxia and the status of hyoid bone and thyroid cartilage has not been mentioned. However, it is stated that, the final opinion for the cause of death will be given after receipt of the forensic laboratory report. The final opinion dated 28.07.2025 with regard to the cause of death of the deceased, which is made available to this Court by the learned HCGP would go to show that the cause of death is due to asphyxia. In the - 5 - HC-KAR NC: 2025:KHC-D:9969 CRL.P No. 102111 of 2025 post-mortem report as well as in the final report, it is not mentioned that the asphyxia is caused either by strangulating, throttling, smothering, hanging, etc. The petitioner having no other criminal antecedent is in custody from 27.10.2024. The investigation of the case is completed and charge sheet has been filed. The petitioner is required to take care of his four minor children and is said to be an agricultural coolie. 7. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer for grant of bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C. No.26/2025 pending on the file of Prl. District and Sessions Judge, Koppal arising out of Crime No.133 of 2024 registered by Hanumasagar Police Station, Kushtagi Circle, Koppal for the offence punishable under Section 103 read with Section 3(5) of BNS, 2023, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC-D:9969 CRL.P No. 102111 of 2025 (i) The petitioner – accused 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) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; (iii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (iv) The petitioner shall not involve in similar offences in future. (v) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: ANB List No.: 1 Sl No.: 14