- 1 - HC-KAR NC: 2025:KHC-D:11058 CRL.P No. 103200 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103200 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SMT. SUMITRA W/O MALLIKARJUN SANGOLLI, AGE. 27 YEARS, OCC. AGRICULTURE, R/O. HOSUR, TQ. SAVADATTI, DIST. BELAGAVI, PRESENTLY R/AT: TORANAGATTI, TQ. RAMADURG, DIST. BELAGAVI-591 124. … PETITIONER (BY SRI. S.M. MUCHHANDI, ADVOCATE) AND: THE STATE OF KARNATAKA, THE POLICE INSPECTOR, KATAKOL POLICE STATION, DIST. BELAGAVI-591 114, 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 483 OF BNSS, 2023, PRAYS THAT THE PETITION BE ALLOWED AND THIS PETITIONER/ACCUSED NO.2 MAY BE ENLARGED ON REGULAR BAIL IN KATAKOL POLICE REGISTERED CRIME NO.112/2024 UNDER SECTIONS 103(1), 133, 352 R/W SECTION 3(5) OF BNS 2023 AND THE SAME IS PENDING FOR THE TRIAL ON THE FILE OF IXTH ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI IN S.C.NO.45/2025 TO MEET THE ENDS OF JUSTICE. 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:11058 CRL.P No. 103200 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.2 in S.C.No.45/2025 pending before the Court of IX Additional District and Sessions Judge, Belagavi, arising out of Crime No.112/2024 registered by Katkol Police Station, Belagavi District for the offences punishable under Sections 103(1), 133, 352 R/W Section 3(5) of BNS 2023, is before this Court in the successive bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.112/2024 was registered by Katkol Police Station, Belagavi District initially for the aforesaid offences punishable under Section 103(1) R/W Section 3(5) of BNS 2023 against Shankar Mallikarjun Katti and others based on the first information dated 22.10.2024 received from Kashappa Gadigeppa, father of deceased Gopal. During the course of investigation petitioner herein who was arraigned as accused no.2 in the FIR was arrested - 3 - HC-KAR NC: 2025:KHC-D:11058 CRL.P No. 103200 of 2025 on 23.10.2024 and remanded to judicial custody. After completing investigation charge sheet is filed against four persons and petitioner is arraigned as accused No.2 in the charge sheet. Her bail application filed before the trial Court in Crl.Misc.No.158/2025 was rejected on 18.02.2025. Thereafter, she had filed bail petition before this Court in Criminal Petition No.101837 of 2025, which was dismissed as withdrawn with liberty to file a fresh petition to meet the ends of justice. It is under these circumstances petitioner has filed this fresh bail application before this Court. 4. Perusal of the material on record would go to show that petitioner had married one Mallikarjun Sangolli. Allegation in the charge sheet is that she had an illicit relationship with deceased even prior to her marriage. She had continued her illicit relationship with deceased even after her marriage with Mallikarjun. After coming to know about the same, her husband had sent her back to her parents' house. It is in this background, in the alleged - 4 - HC-KAR NC: 2025:KHC-D:11058 CRL.P No. 103200 of 2025 incident that had taken place on 21.10.2024, accused nos.1 to 4 had assaulted the deceased and committed his murder. 5. Accused no.1 is the brother of the petitioner and accused no.3 is the father of the petitioner. Accused no.4 is said to be a relative of the petitioner. Allegation of assaulting the deceased with a club on his head and other parts of the body is only as against accused No.1 Shankar Mallikarjun Katti. Petitioner who is arraigned as accused No.2 allegedly had assaulted the deceased with a chappal on his face. Accused Nos.3 and 4 allegedly had kicked him when he fell down after he was assaulted by accused no.1. Accused nos.3 and 4 have been granted regular bail by this Court in Criminal Petition No.101312 of 2025, disposed of on 21.04.2025. So far as the petitioner is concerned, the allegation against her is that she had assaulted the deceased with her Chappal on his face stating that he was the cause for her problems with her husband. Petitioner who is a married lady aged above 27 years is in custody from 23.10.2024. Considering the nature of allegations - 5 - HC-KAR NC: 2025:KHC-D:11058 CRL.P No. 103200 of 2025 found as against her and also having regard to the proviso to Section 480 of BNS 2023, I am of the opinion that, the prayer made by the petitioner for grant of regular bail is required 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 S.C.No.45/2025 pending before the Court of IX Additional District and Sessions Judge, Belagavi, arising out of Crime No.112/2024 registered by Katkol Police Station, Belagavi District for the offences punishable under Sections 103(1), 133, 352 R/W Section 3(5) of BNS 2023, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC-D:11058 CRL.P No. 103200 of 2025 a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the GMAPKCNVVM b. likesum to the satisfaction of the jurisdictional Court; c. 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; d. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; e. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 27