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2025 DAILYLAW 64707 (KAR)

SRI. SURESH S/O. SHIVAPPA NEELAPPANAVARA v. THE STATE OF KARNATAKA

CRL.P/104874/2025 · 2025-12-15

S Rachaiah

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:18167 CRL.P No. 104874 of 2025 C/W CRL.P No. 104806 of 2025 CRL.P No. 104875 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104874 OF 2025 (438(Cr.PC)/482(BNSS)) C/W CRIMINAL PETITION NO.104806 OF 2025 CRIMINAL PETITION NO.104875 OF 2025 IN CRIMINAL PETITION NO.104874 OF 2025 BETWEEN: 1. SRI. SURESH S/O. SHIVAPPA NEELAPPANAVARA, AGE. 67 YEARS, OCC. AGRICULTURE, R/O. KUDARIHAL, TAL. RANEBENNUR, DIST. HAVERI-581115. 2. SMT. PUTTAVVA @ PUTTAMMA W/O. SHIVAPPA NEELAPPANAVARA, AGE. 53 YEARS, OCC. HOUSEHOLD WORK, R/O. KUDARIHAL, TAL. RANEBENNUR, DIST. HAVERI-581115. 3. KUMARI. KAVYA D/O. SURESH NEELAPPANAVARA, AGE. 24 YEARS, OCC. STUDENT, R/O. KUDARIHAL, TAL. RANEBENNUR, DIST. HAVERI-581115. …PETITIONERS (BY SRI. SRINAND A.PACHHAPURE, ADVOCATE) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18167 CRL.P No. 104874 of 2025 C/W CRL.P No. 104806 of 2025 CRL.P No. 104875 of 2025 AND: THE STATE OF KARNATAKA, THROUGH BYADAGI POLICE STATION, NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD, BENCH AT DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (482 OF BNSS), PRAYING TO, GRANT ANTICIPATORY BAIL TO THE PETITIONERS/ACCUSED NO.2 TO 4 IN THE EVENT OF THEIR ARREST IN CRIME NO.241/2025 REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 108, 238, 64, 352, 351(2) AND 69 R/W SECTION 3(5) OF BHARATIYA NYAYA SANHITA 2023 ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN.) AND JMFC, BYADAGI. IN CRIMINAL PETITION NO.104806 OF 2025 BETWEEN: 1. SRI. RAVI S/O. NAGAPPA UPPIN, AGE. 49 YEARS, OCC. AGRICULTURE, R/O. HARANAGERI, TAL. RANEBENNUR, DIST. HAVERI-581115. 2. SRI. HALAPPA S/O. MAILAPPA BISHTANNANAVARA, WRONGLY SHOWN AS BISHANNANAVAR, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. KUDARIHALA, TAL. RANEBENNUR, DIST. HAVERI-581115. …PETITIONERS (BY SRI. SRINAND A.PACHHAPURE, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-D:18167 CRL.P No. 104874 of 2025 C/W CRL.P No. 104806 of 2025 CRL.P No. 104875 of 2025 AND: THE STATE OF KARNATAKA, THROUGH BYADAGI POLICE STATION, HAVERI, NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023) PRAYING TO, GRANT ANTICIPATORY BAIL TO THE PETITIONERS /ACCUSED NO.9 AND 10 IN THE EVENT OF THEIR ARREST IN CRIME NO.241/2025 REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 108, 238, 64, 352, 351(2) AND 69 R/W SECTION 3(5) OF BHARATIYA NYAYA SANHITA 2023 ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN.) AND JMFC, BYADAGI. IN CRIMINAL PETITION NO.104875 OF 2025 BETWEEN: 1. SRI. SACHIN S/O. CHANDRAPPA NEELAPPANAVARA, AGE. 28 YEARS, OCC. AGRICULTURE, R/O. KUDARIHAL, TAL. RANEBENNUR, DIST. HAVERI-581115. 2. SRI. CHANDRAPPA S/O. SHIVAPPA NEELAPPANAVARA, AGE. 51 YEARS, OCC. AGRICULTURE, R/O. KUDARIHAL, TAL. RANEBENNUR, DIST. HAVERI-581115. 3. SRI. ROHAN S/O. RAJAPPA NEELAPPANAVARA, AGE. 21 YEARS, OCC. AGRICULTURE, - 4 - HC-KAR NC: 2025:KHC-D:18167 CRL.P No. 104874 of 2025 C/W CRL.P No. 104806 of 2025 CRL.P No. 104875 of 2025 R/O. KUDARIHAL, TAL. RANEBENNUR, DIST. HAVERI-581115. 4. SRI. RAJAPPA S/O. SHIVAPPA NEELAPPANAVARA, AGE. 49 YEARS, OCC. AGRICULTURE, R/O. KUDARIHAL, TAL. RANEBENNUR, DIST. HAVERI-581115. …PETITIONERS (BY SRI. SRINAND A.PACHHAPURE, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH BYADAGI POLICE STATION, NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (482 OF BNSS), PRAYING TO, GRANT ANTICIPATORY BAIL TO THE PETITIONERS/ACCUSED NO.5 TO 8 IN THE EVENT OF THEIR ARREST IN CRIME NO.241/2025 REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 108, 238, 64, 352, 351(2) AND 69 R/W SECTION 3(5) OF BHARATIYA NYAYA SANHITA 2023 ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN.) AND JMFC, BYADAGI. THESE CRIMINAL PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:18167 CRL.P No. 104874 of 2025 C/W CRL.P No. 104806 of 2025 CRL.P No. 104875 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. These petitions have been connected since these petitions are arising out of same Crime Number, however, between the different accused. Hence, these petitions are taken up together for common disposal. 2. Crl.P.No.104874/2025 is relating to accused Nos.2, 3 and 4. Crl.P.No.104875/2025 is relating to accused Nos.5, 6, 7 and 8. Crl.P.No.104806/2025 is relating to accused Nos.9 and 10. Brief facts of the case; 3. The case of the prosecution is that, a complaint came to be registered by the complainant on 08.11.2025 that, his sister namely Sindu Parameshappa aged about 25 years was staying in the house of her maternal uncle and she was studying B.Com at Rajarajeshwari College, Ranebennur. It is stated that, in the said College, one - 6 - HC-KAR NC: 2025:KHC-D:18167 CRL.P No. 104874 of 2025 C/W CRL.P No. 104806 of 2025 CRL.P No. 104875 of 2025 Kavya became the friend of Sindu. It is further stated that, the said Kavya had introduced her to Sharatkumar. 4. It is further alleged that, the friendship between the Sharatkumar and Sindu had gradually developed into intimacy. It is stated that, the said Sharatkumar had committed sexual intercourse on the pretext of marriage on several times. However, he refused to marry her. A complaint was lodged in that regard, mediation was held by the elders and family members of said Sharatkumar. However, the marriage was not solemnized. Consequently, the sister of the complainant went into depression. Thereafter, she had committed suicide. Hence, the case has been registered against all the petitioners including the said Sharatkumar. The respondent/Police after registering the case, conducted the investigation. 5. Heard Sri.Srinand A. Pachchapure, learned counsel for the petitioners and Sri. Jairam Siddi, learned High Court Government Pleader for respondent/State. - 7 - HC-KAR NC: 2025:KHC-D:18167 CRL.P No. 104874 of 2025 C/W CRL.P No. 104806 of 2025 CRL.P No. 104875 of 2025 6. The submission of the learned counsel for the petitioners is that, the complainant is not the eye-witness to the incident. The allegations levelled against the petitioners are on the strength of statement of hearsay witnesses. It is alleged that, the marriage might have been broken due to various reasons. Merely because, the marriage has been cancelled, is not a ground to attract the ingredients of abatement to commit suicide. It is further submitted that, the petitioners are reputed family members. They are having deep roots in the society. They are the earning members of their respective families and also residents of their respective places as mentioned in the cause title. If the petitioners are enlarged on bail, they will abide the conditions imposed by this Court. Making such submissions, learned counsel for the petitioners prays to allow the petitions. 7. Per contra, the learned High Court Government Pleader for respondent/State vehemently submitted that, the petitioners have filed these petitions for seeking - 8 - HC-KAR NC: 2025:KHC-D:18167 CRL.P No. 104874 of 2025 C/W CRL.P No. 104806 of 2025 CRL.P No. 104875 of 2025 anticipatory bail. The petitioners have committed abatement for the suicide committed by the deceased. 8. It is further stated that, the complainant being the younger brother of the deceased, stated the overt-act of the petitioners clearly in the complaint. Hence, the custodial interrogation of these petitioners is very much essential. Making such submissions, learned High Court Government Pleader for respondent/State prays to reject these petitions. 9. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, it appears that, deceased Sindu was the elder sister of the complainant. It is stated that, she was introduced to one Sharatkumar who is the brother of Kavya, the said Kavya is the friend of Sindu. It is stated in the complaint that, the said Sharatkumar is stated to have committed sexual intercourse on Sindu on the pretext of marriage. However, the said Sharatkumar has refused to marry the deceased. - 9 - HC-KAR NC: 2025:KHC-D:18167 CRL.P No. 104874 of 2025 C/W CRL.P No. 104806 of 2025 CRL.P No. 104875 of 2025 10. It is further stated that, her elder sister was pregnant on account of the said sexual intercourse committed by the said Sharatkumar. A complaint came to be registered by the deceased Sindu. A mediation was held between the family members. However, the marriage was not solemnized. As a result of which, the deceased had committed suicide. 11. Having considered the facts and circumstances of the case and also the overt-act of these petitioners, it is appropriate to grant bail by imposing suitable conditions. Hence, I proceed to pass the following: ORDER (i) The petitions are allowed. (ii) The petitioners are ordered to be enlarged on bail in the event of their arrest in Crime No.241/2025 of respondent/ Police on executing personal bond for a sum of Rs.1,00,000/- each with one surety each - 10 - HC-KAR NC: 2025:KHC-D:18167 CRL.P No. 104874 of 2025 C/W CRL.P No. 104806 of 2025 CRL.P No. 104875 of 2025 for the likesum to the satisfaction of the Trial Court subject to following conditions; (a) The petitioners shall appear before the jurisdictional police within a period of one month from today to execute personal bond and also to furnish surety. (b) The petitioners shall co-operate with investigation till filing of the charge-sheet. (c) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (d) The petitioners shall appear before the Trial Court on all hearing dates without fail. (e) The petitioners shall not commit any criminal cases till disposal of the case. - 11 - HC-KAR NC: 2025:KHC-D:18167 CRL.P No. 104874 of 2025 C/W CRL.P No. 104806 of 2025 CRL.P No. 104875 of 2025 In case, if the petitioners violate any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 14