- 1 - HC-KAR NC: 2025:KHC-D:10349 CRL.P No. 103003 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103003 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SMT. ASHA W/O. AMIT RAIBAG, AGE. 30 YEARS, OCC. HOUSEHOLD, R/O. KABBUR, TQ. CHIKKODI, DIST. BELAGAVI, PRESENTLY RESIDING AT PLOT NO.1519, SECTOR NO.35, RAMATEERTHNAGAR, BELAGAVI, PIN-590 015. … PETITIONER (BY SRI. S.M. MUCHHANDI, ADVOCATE) AND: THE STATE OF KARNATAKA, THE POLICE INSPECTOR MALMARTUI POLICE STATION, DIST. BELAGAVI, PIN-590 015, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT: DHARWAD BENCH, PIN-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), PRAYING TO, THIS PETITION MAY BE ALLOWED AND THE PETITIONER/ACCUSED MAY BE ENLARGED ON REGULAR BAIL BY IMPOSING REASONABLE CONDITIONS IN MALMARUTI P.S. CRIME NO.24/2025 UNDER SECTION 103(1) AND 238 OF BNS, PENDING ON THE FILE OF IIND J.M.F.C COURT, BELAGAVI FOR COMMITTAL IN C.C. NO.731/2025, 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:10349 CRL.P No. 103003 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused in Crime No.24 of 2025 registered by Malamaruthi Police Station, Market Sub-Division, Belagavi City, for offence punishable under Sections 103(1) and 238 of the BNS, 2023, is before this Court under Section 483 of the BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.24 of 2025 registered by Malamaruthi Police Station, Market Sub-Division, Belagavi City, against the petitioner initially for the offence punishable under Section 103 of the BNS, 2023, based on first information dated 08.02.2025, received from Mahadeva, who is the owner of the house, in which the deceased and the petitioner were staying along with their children. During the course of investigation, the petitioner was arrested on 09.02.2025 and subsequently remanded to - 3 - HC-KAR NC: 2025:KHC-D:10349 CRL.P No. 103003 of 2025 judicial custody. After completing the investigation, charge sheet has been filed against the accused for the aforesaid offences. Her bail application filed before the Jurisdictional Sessions Court in Crl. Misc. No.630 of 2025 was rejected on 4th June 2025. Therefore, she is before this Court. 4. Perusal of the materials on record would go to show that the petitioner is the wife of the deceased Amit Raibag and from their wedlock, they have two minor children. The first informant is the owner of the premises, in which, the deceased was staying along with his wife and children. On 08.02.2025, the first informant heard some sound from the premises in which the deceased and his family members were residing and on verification, he found that the glass pane of the window was broken. When the first informant enquired with the petitioner, she informed him that she and the petitioner had quarrelled and as a result, the glass had broken. The first informant found that the deceased was lying inside the house and he had suffered certain burn injuries. It is under these - 4 - HC-KAR NC: 2025:KHC-D:10349 CRL.P No. 103003 of 2025 circumstances, the first informant had approached the Police. 5. The petitioner who is a married lady, aged about 35 years was arrested in the present case on 09.02.2025 and ever since, she is in judicial custody. The investigation of the case is completed and the charge sheet has been filed. As per the charge sheet allegation, the deceased was in the habit of consuming alcohol and abusing his wife. On the night of 07.02.2025 at about 11:00 p.m. the deceased, who came home after consuming alcohol allegedly demanded with his wife to co-operate for having sex. When the petitioner refused for the same on the ground that the children are awake, the deceased allegedly quarrelled with her and tried to cause injury to her from the electric coil, which was used for the purpose of heating water in the bathroom. It is alleged that the petitioner who escaped from her husband pushed him down and strangulated his neck with the veil, which she was wearing and committed his murder. From the wedlock the petitioner has two minor - 5 - HC-KAR NC: 2025:KHC-D:10349 CRL.P No. 103003 of 2025 children, who are required to be taken care of. The alleged incident had taken place after the deceased had tried to assault the petitioner with an electric coil. The material on record would go to show that deceased had returned home after consuming alcohol. The petitioner is a married lady and she is in custody from 09.02.2025. 6. Considering the aforesaid aspects of the matter and also having regard to the provision to Section 480 of BNSS, 2023, I am of the opinion that the prayer made by the petitioner for grant of bail needs to be answered affirmatively. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.24 of 2025 registered by Malamaruthi Police Station, Market Sub-Division, Belagavi City, for offence punishable under Sections 103(1) and 238 of the BNS, 2023, subject to the following conditions: (i) The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- with two - 6 - HC-KAR NC: 2025:KHC-D:10349 CRL.P No. 103003 of 2025 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: BCK LIST NO.: 1 SL NO.: 33