- 1 - HC-KAR NC: 2025:KHC-D:14569 CRL.P No. 103722 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103722 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SRI. DEVARADDEPPA S/O. MALLARADDEPPA BHAVIKKATTI, AGE. 35 YEARS, OCC. AGRICULTURE, R/O. ARAKERI-583231, TQ. KUKANOOR, DIST. KOPPAL. …PETITIONER (BY SRI. N.D. GUNDE, ADVOCATE) AND: STATE OF KARNATAKA, BY KUKANOOR P.S., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. …RESPONDENT (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, GRANT HIM REGULAR BAIL IN THE CRIME NO.109/2024 OF KUKNOOR POLICE STATION, REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103(1), 238(A), 240 OF BNS PENDING BEFORE PRL. DISTRICT AND SESSIONS JUDGE, KOPPAL IN S.C.NO.19/2025, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14569 CRL.P No. 103722 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER:THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner is arrayed as accused No.1 in Crime No.109/2024 registered by the respondent/Police for the offences punishable under Sections 103(1), 238(a) and 240 of Bharatiya Nyaya Sanhita, 2023. 2. Factual matrix of the case; The case of the prosecution is that, a complaint came to be registered by the brother of the deceased stating that, his family members performed the marriage of the deceased with the petitioner. The couple had no children. As she could not begot the child, there was a dispute arisen in her matrimonial home. The petitioner herein was suspecting her fidelity and used to assault her often. Such being the fact, it is stated that, the family members of the complainant went to the house of his sister and conducted - 3 - HC-KAR NC: 2025:KHC-D:14569 CRL.P No. 103722 of 2025 Panchayath and advised the petitioner and others to take care of the deceased. 3. On 07.09.2024 at about 5:00 am, the complainant had received a message from the maternal uncle namely Tippanna stating that his sister was not feeling well and he was asked to come immediately to the Hospital. When the complainant was on the way to the Hospital, he received a message that his sister died in the Hospital. 4. It is further stated that, before he could reach the village, the funeral of his sister got over. Being annoyed with the said act, he suspected the foul play played by the petitioner, he lodges a complaint against the petitioner and others. 5. The respondent/Police registered a case in Crime No.109/2024 for offences punishable stated supra. After conducting the investigation, the respondent/Police submitted the charge-sheet. - 4 - HC-KAR NC: 2025:KHC-D:14569 CRL.P No. 103722 of 2025 6. The submission of the learned counsel for the petitioner is that, the entire case is based on the circumstantial evidence. The deceased died due to epilepsy and it was natural death. However, the complainant in order to harass the husband and in-laws lodged a false complaint alleging that, the petitioner had killed his wife and causing disappearance of evidence which is unsustainable, therefore, the petitioner may be enlarged on bail by imposing suitable conditions. 7. Per contra, the learned High Court Government Pleader vehemently submitted that, the deceased died in her matrimonial home during night hours and she was having some injuries on her face. Though, it is a homicidal death, in order to causing disappearance of evidence, the family members including the present petitioner conducted the funeral hurriedly before the complainant could reach the village. - 5 - HC-KAR NC: 2025:KHC-D:14569 CRL.P No. 103722 of 2025 8. It is further submitted that the act of petitioner and others would certainly create a doubt in the minds of the complainant and he has rightly registered a case. Therefore, it is appropriate to reject the bail. 9. Having considered the learned counsel for the respective parties and also perused the averments of the charge-sheet, it appears from the record that, the complainant performed the marriage of his sister with the petitioner and the deceased was residing in her matrimonial home. The couple had no child, in that regard, there was a frequent quarrel between the petitioner and the deceased. 10. It is further noted that the petitioner, in spite of repeated request, he was not taking care of the sister of the complainant properly. Consequently, she was killed in the matrimonial home and depicted as if she had died due to epilepsy. 11. Be that as it may, the deceased died in the matrimonial home, she was buried hurriedly without waiting - 6 - HC-KAR NC: 2025:KHC-D:14569 CRL.P No. 103722 of 2025 for the arrival of the complainant to the place of occurrence. When such being the fact, mere having suspected that, she was killed is not sufficient and moreover, no postmortem report is forthcoming in the charge-sheet. Therefore, it is appropriate to grant bail by imposing suitable conditions. 12. Hence, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.109/2024 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- [Rupees One Lakh only] with 1 surety for likesum to the satisfaction of the Trial Court, subject to the following conditions; - 7 - HC-KAR NC: 2025:KHC-D:14569 CRL.P No. 103722 of 2025 a) The petitioner shall not involve in similar or in any other criminal cases till disposal of the present case. b) The petitioner shall not threaten the prosecution witnesses. c) The petitioner shall appear before the Trial Court on all hearing dates. In case, if the petitioner violate any of the conditions enumerated above, the 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.: 43