- 1 - HC-KAR NC: 2025:KHC-D:9667 CRL.P No. 103006 of 2025 C/W CRL.P No. 103007 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103006 OF 2025 C/W CRIMINAL PETITION NO. 103007 OF 2025 (439(CR.PC)/483(BNSS)) IN CRL.P. NO. 103006 OF 2025: BETWEEN: 1. SMT. NETRA W/O FAKKIRESH @ FAKKIRASWAMI KAGI, AGE: 42 YEARS, OCC: HOUSE WIFE, R/O: NAYIKERUR VILLAGE, TQ: SAVANUR, DIST: HAVERI-581 119. 2. SRI. FAKKIRESH @ FAKKIRASWAMI S/O CHANNABASAPPA KAGI, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: NAYIKERUR VILLAGE, TQ: SAVANUR, DIST: HAVERI-581 119. … PETITIONERS (BY SRI. N.D. GUNDE, ADVOCATE) AND: STATE OF KARNATAKA, BY SAVANUR P.S., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO GRANT THE PETITIONERS/ACCUSED NO.1 AND 3 ON REGULAR BAIL IN THE CRIME NO.158/2025 OF SAVANOOR POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 108 OF BNS, PENDING BEFORE CIVIL JUDGE AND JMFC COURT, SAVANOOR, HAVERI DISTRICT, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9667 CRL.P No. 103006 of 2025 C/W CRL.P No. 103007 of 2025 IN CRL.P. NO.103007 OF 2025: BETWEEN: 1. SRI. NINGAPPA S/O CHANNABASAPPA KAGI, AGE: 57 YEARS, OCC: AGRICULTURE, R/O: NAYIKERUR VILLAGE, TQ: SAVANUR, DIST: HAVERI-581 118. 2. SRI. MALINGAPPA @ MAHALINGAPPA S/O CHANNABASAPPA KAGI, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: NAYIKERUR VILLAGE, TQ: SAVANUR, DIST: HAVERI-581 118. … PETITIONERS (BY SRI. N.D. GUNDE, ADVOCATE) AND: STATE OF KARNATAKA, BY SAVANUR P.S., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. … 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 GRANT THE PETITIONERS/ACCUSED NO.2 AND 4 ON ANTICIPATORY BAIL AND DIRECT RESPONDENT POLICE TO RELEASE THEM ON BAIL IN THE EVENT OF THEIR ARREST BY THE RESPONDENT POLICE IN THE CRIME NO.158/2025 OF SAVANUR POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE U/S 108 OF BNS, PENDING BEFORE LEARNED CIVIL JUDGE AND JMFC COURT, SAVANUR, HAVERI DISTRICT, 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:9667 CRL.P No. 103006 of 2025 C/W CRL.P No. 103007 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 to 4 in Crime No.158 of 2025 registered by Savanoor Police Station, Haveri for the offence punishable under Section 108 of Bharatiya Nyaya Sanhita, 2023 are before this Court in these two petitions filed under Sections 483 and 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail and anticipatory bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.158 of 2025 was registered by Savnoor Police Station, Haveri for the aforesaid offence against the petitioners herein based on the first information dated 09.07.2025 received from the Smt.Sumangala Malakajappa Hallemani, who is the wife of deceased Malakajappa Shekappa Halemani. During the course of investigation of the case, accused Nos.1 and 3 were arrested on 10.07.2025 and subsequently remanded to judicial custody. Their bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.471 of 2025 was rejected on 23.07.2025 and therefore, they are before this Court in - 4 - HC-KAR NC: 2025:KHC-D:9667 CRL.P No. 103006 of 2025 C/W CRL.P No. 103007 of 2025 Criminal Petition No.103006 of 2025 seeking regular bail. Apprehending arrest in the case, accused Nos.2 and 4 named in the FIR had filed Criminal Miscellaneous No.472/2025 before the Jurisdictional Sessions Court which was rejected on 23.07.2025. Therefore, they are before this Court in Criminal Petition No.103007 of 2025 seeking anticipatory bail. 4. Perusal of the material on record would go to show that accused No.1 is the wife of accused No.3 and accused Nos.2 and 4 are the brothers of accused No.3. In the first information, it is alleged that the deceased had taken the agricultural land belonging to the husband of accused No.1 on lease and he had paid a portion of the lease amount to accused Nos.1 and 3. It is further alleged that accused No.1 had forcibly cultivated the said land, which was leased to the deceased and also had not returned the amount which was paid by the deceased earlier and it is under these circumstances, the husband of the first informant had committed suicide on 08.07.2025 by hanging himself to a tree. 5. Accused Nos.1 and 3 are in custody in the present case from 10.07.2025 onwards. There is no specific allegation - 5 - HC-KAR NC: 2025:KHC-D:9667 CRL.P No. 103006 of 2025 C/W CRL.P No. 103007 of 2025 as against accused Nos.2 and 4 who are the brothers of accused No.3. Allegation against accused Nos.1 and 3 is that though their property was leased to the deceased by taking sum of Rs.1,00,000/- from him, subsequently they had forcibly cultivated the said land allegedly leased to the deceased and they also had not returned the amount of Rs.1,00,000/- which they had earlier received from the deceased. There is no such mention in the first information about any specific act committed by the accused persons immediately prior to the date on which deceased had committed suicide, which would have either abetted or instigated him to commit suicide. The dispute between the parties prior to deceased committing suicide appears to be civil in nature. Considering the nature of allegations found against the accused persons in the first information, I am of the opinion, the prayer made by them for grant of regular bail and anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal Petitions are allowed. - 6 - HC-KAR NC: 2025:KHC-D:9667 CRL.P No. 103006 of 2025 C/W CRL.P No. 103007 of 2025 Petitioners – accused Nos.1 and 3 in Criminal Petition No.103006 of 2025 are directed to be enlarged on bail in Crime No.158 of 2025 registered by Savanoor Police Station, Haveri for offence punishable under Section 108 of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: i. The petitioners – accused Nos.1 and 3 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 petitioners 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 petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioners shall not involve in similar offences in future. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioners – accused Nos.2 and 4 in Criminal Petition No.103006 of 2025, in the event of their arrest in Crime No.158 of 2025 registered by Savanoor Police Station, Haveri for offence punishable under - 7 - HC-KAR NC: 2025:KHC-D:9667 CRL.P No. 103006 of 2025 C/W CRL.P No. 103007 of 2025 Section 108 of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: i. The petitioners – accused Nos.2 and 4 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 investigating officer. ii. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The petitioners shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. iv. The petitioners shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK, RSH CT:BCK LIST NO.: 1 SL NO.: 26