- 1 - HC-KAR NC: 2025:KHC-D:13010 CRL.P No. 103286 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103286 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SMT. UMMISALMA W/O SADIQ CHIKKAMATTUR, AGE. 24 YEARS, OCC. HOUSEHOLD, R/O. CHIKKERUR-YALLAPUR, TQ. HIREKERUR, DIST. HAVERI-581 111. … PETITIONER (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) AND: STATE OF KARNATAKA, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH HANSABHAVI POLICE STATION, HIREKERUR CIRCLE, HAVERI-581 111. … 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 ALLOW THE PETITION FILED UNDER SECTION 483 OF B.N.S.S. AND ENLARGE THE PETITIONER (ACCUSED NO.1) ON BAIL IN S.C. NO.16/2025 (CRIME NO.138/2024) HANSABHAVI P.S. HAVERI, (C.C. NO.02/2025) BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, AT: HAVERI (SITTING AT RANEBENNUR) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 238, 61(2) R/W 3(5) OF BNS, 2023. THIS PETITION COMING ON FOR FURTHER ARGUMENTS, 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:13010 CRL.P No. 103286 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in S.C.No.16 of 2025 pending before the Court of II Additional District and Sessions Judge, Haveri (sitting at Ranebennur) arising out of Crime No.138/2024 registered by Hansabhavi Police Station, Haveri for the offences punishable under Sections 103(1), 238, 61(2) 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.138/2024 was registered by Hansabhavi Police Station, Haveri initially for offences punishable under Sections 103(1) & 238 read with Section 3(5) of BNS 2023 against the petitioner and another based on the first information dated 02.10.2024 received from Gudusab Jambur, who is the uncle of the deceased Sadiq. During the course of investigation, petitioner herein was arrested on 02.10.2024. After completing investigation, - 3 - HC-KAR NC: 2025:KHC-D:13010 CRL.P No. 103286 of 2025 charge sheet has been filed against two persons. Petitioner is arrayed as accused No.1 in the charge sheet. Her bail application filed before the trial Court in S.C.No.16/2025 was rejected on 16.06.2025. Therefore she is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the petitioner is a lady aged about 24 years having a child aged about 2 years. She is in custody for the last more than 11 months. Trial in the case is yet to commence. Allegation of assaulting the deceased and committing his murder is only against accused No.2. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that the incident had taken place inside the house of the petitioner and thereafter the dead body was shifted to the bathroom and a case was made out that deceased had sustained injuries after he fell down - 4 - HC-KAR NC: 2025:KHC-D:13010 CRL.P No. 103286 of 2025 inside the bathroom. The post-mortem report of the deceased would go to show that he had 5 chopped injuries on his body. Blood stains were found inside the house of the petitioner. Accordingly she prays to dismiss the petition. 6. The material on record would go to show that on 25.09.2024, father of the deceased Sadiq was informed by the petitioner, who is the wife of Sadiq that Sadiq had fallen inside the bathroom and had sustained injuries and therefore he was shifted to a hospital. Immediately thereafter father of the deceased had gone to the hospital and had seen the dead body of his son in the hospital. After he reported about the incident to the police, a UDR case in UDR No.19/2024 was registered by Hansabhavi Police Station, Haveri. Subsequently on 02.10.2024, uncle of deceased Sadiq had approached the police station and had submitted first information stating that he suspected the hand of the petitioner and accused No.2 in the death of Sadiq. It is under these circumstances, FIR was registered against the petitioner and another in Crime No.138/2024. - 5 - HC-KAR NC: 2025:KHC-D:13010 CRL.P No. 103286 of 2025 After completing investigation, charge sheet has been filed against accused Nos.1 and 2 for the aforesaid offences. As per the charge sheet allegations, accused Nos.1 and 2 were in illicit relationship and after Sadiq came to know about the same, he had opposed the said relationship. Therefore, accused Nos.1 and 2 had conspired to commit the murder of Sadiq and in furtherance of the said conspiracy, on the intervening night of 24.09.2025 and 25.09.2024, accused No.2 Jafarsadiq had entered the house of the petitioner, when Sadiq was sleeping in the bedroom and had assaulted Sadiq with an iron chopper which was handed over to him by the petitioner. Thereafter dead body was pulled by accused No.2 to the bathroom and he had further assaulted the dead body of Sadiq with the aforesaid chopper. 7. The entire case of the prosecution is based on circumstantial evidence. There is no allegation against the petitioner that he had assaulted the deceased Sadiq and such an allegation is only as against accused No.2, who is said to be in custody. Allegation against the petitioner is - 6 - HC-KAR NC: 2025:KHC-D:13010 CRL.P No. 103286 of 2025 that she had handed over the chopper to accused No.2 and after he had committed the murder of Sadiq, she had cleaned the blood stains found inside the bedroom, where accused No.2 had assaulted Sadiq. Petitioner is a lady, aged 24 years and it is stated that she has got a minor child aged about 2 years. She is in custody for the last nearly one year. Trial in the case is yet to commence. Considering the nature of the allegations against the petitioner and also having regard to the proviso to Section 480 of BNSS 2023, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered in the affirmative. Accordingly, the following: ORDER a. Criminal Petition is allowed. b. The petitioner is directed to be enlarged on bail in S.C.No.16 of 2025 pending before the Court of II Additional District and Sessions Judge, Haveri (sitting at Ranebennur) arising out of Crime No.138/2024 registered by Hansabhavi Police - 7 - HC-KAR NC: 2025:KHC-D:13010 CRL.P No. 103286 of 2025 Station, Haveri for the offences punishable under Sections 103(1), 238, 61(2) 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 unless the Trial Court exempts her 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 - 8 - HC-KAR NC: 2025:KHC-D:13010 CRL.P No. 103286 of 2025 case registered against her is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 1