- 1 - HC-KAR NC: 2025:KHC-D:11425 CRL.P No. 103413 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. 103413 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: VEERABASAPPA S/O VIRUPAKSHAPPA RAVUTH, AGE. 35 YEARS, OCC. BMTC DRIVER, R/O. PASHUPATHIHAL VILLAGE, TQ. KUNDAGOL, DIST. DHARWAD-581 117, NOW RESIDING AT: MEDALLI. … PETITIONER (BY SRI. K.L. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH GUDAGERI POLICE STATION, DHARWAD-581 107, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD BENCH-580 011. … 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 GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.1 IN GUDAGERI POLICE STATION CRIME NO.19/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 108, 49 R/W SECTION 3(5) OF BNS, ON THE FILE OF LEARNED PRL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, KUNDGOL, IN THE INTEREST OF JUSTICE AND EQUITY. 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:11425 CRL.P No. 103413 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in Crime No.19/2025 registered by Gudageri Police Station, Dharwad for offences punishable under Sections 108, 49 read with Section 3(5) of BNS 2023 is before this Court under Section 483 of BNSS 2023 seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.19/2025 was registered by Gudageri Police Station, Dharwad for the aforesaid offences against the petitioner and another based on the first information dated 12.05.2025 received from Thirakappa Goddemma, father of deceased Shruthi who was the wife of the petitioner. During the course of investigation, petitioner herein was arrested on 13.05.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioner and another for the aforesaid offences. His bail application filed before the Jurisdictional Sessions Court in - 3 - HC-KAR NC: 2025:KHC-D:11425 CRL.P No. 103413 of 2025 Crl.Misc.No.5444/2025 was rejected on 01.08.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that petitioner is the husband of deceased Shruthi. Their marriage was performed about 11 years prior to the date of registration of FIR in the present case. Allegation against the petitioner is that he had illicit relationship with accused No.2 and he used to visit her often and when this was questioned by the deceased, he allegedly tortured and abused her. In the charge sheet which is filed in the present case it is alleged that though the petitioner was adviced on 2 to 3 occasions, he had continued his illicit relationship with accused No.2 and at the instigation of accused No.2, he was ill-treating his wife in his house. Petitioner is said to be a driver working in BMTC, Bengaluru. It is not in dispute that he has no criminal antecedent. Investigation of the case is already completed and charge sheet has been filed. Alleged offences are not punishable with death sentence or with life imprisonment. Except general allegation of ill- - 4 - HC-KAR NC: 2025:KHC-D:11425 CRL.P No. 103413 of 2025 treatment there is no specific allegation about any act committed by petitioner immediately prior to deceased committing suicide which would have abetted or instigated her to commit suicide. 5. Considering the aforesaid aspect of the matter, I am of the opinion that the prayer made for grant of regular bail needs to be answered in the affirmative. Accordingly, the following: ORDER i. Criminal Petition is allowed. ii. The petitioner is directed to be enlarged on bail in Crime No.19/2025 registered by Gudageri Police Station, Dharwad for offences punishable under Sections 108, 49 read with Section 3(5) of BNS 2023, subject to the following conditions: 1. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; 2. The petitioner shall appear regularly on all the dates of hearing before the Trial Court - 5 - HC-KAR NC: 2025:KHC-D:11425 CRL.P No. 103413 of 2025 unless the Trial Court exempts his appearance for valid reasons; 3. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; 4. The petitioner shall not involve in similar offences in future; 5. 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 KGK CT:BCK LIST NO.: 1 SL NO.: 24