MALLAIAH @ MALLAIAH HIREMATHAD v. STATE OF KARNATAKA BY PSI
CRL.P/10837/2025 · 2025-08-18
Mohammad Nawaz
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79013 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79013 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31841 CRL.P No. 10837 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10837 OF 2025
BETWEEN:
1.
MALLAIAH @ MALLAIAH HIREMATHAD S/O LATE GANGADHARAYYA HIREMATH, AGED ABOUT 58 YEARS, R/AT P & T QUARTERS NEAR BEHIND A.C. OFFICE, HAVERI TOWN-587 110.
2. SHIVABASAIAH S/O LATE GANGADHARAYYA HIREMATH, AGED 64 YEARS, R/O DODDAPETE, RODDANAVAR ONI, RANIBENNUR, DIST: HAVERI-581 115.
3.
SMT. SHOBHA HIREMATH @ SHOBHA W/O MALLAIAH HIREMATH, AGED ABOUT 48 YEARS, OCCU: HOUSE WIFE, R/O P & T QUARTERS, BEHIND AC OFFICE, SIDDAVEERAPPA- HAVERI TOWN, DISTRICT: HAVERI-581 110.
4.
SMT. SHAKUNTHALA (AS MENTIONED IN FIR) ALSO SMT. UMA PRASADIMATH W/O LATE SANJAY, AGED ABOUT 62 YEARS, R/AT PURADA ONI, HAVERI.
HAVERI DISTRICT-581 110.
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:31841 CRL.P No. 10837 of 2025
5.
SMT. ANNAPURNA HIREMATH @ ANNAPURNA W/O SURENDRAYYA SHASTRI, AGED ABOUT 50 YEARS, OCCU: H.W., R/O HONNALI ROAD, NEW SAGARA DRIVING SCHOOL, SHIKARIPURA-TOWN, DISTRICT: SHIVAMOGGA-577 427. …PETITIONERS
(BY SRI. GANGADHAR GURUNATH, SR. COUNSEL FOR SMT. SARVAMANGALA CHIKKANAGOUDAR, ADVOCATE)
AND:
STATE OF KARNATAKA BY PSI KONANAKUNTE POLICE STATION, BENGALURU-560 062, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001. …RESPONDENT
(BY SRI. K. NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT THE ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF ARREST OF THEM FROM THE RESPONDENT KONANAKUNTE POLICE, BENGALURU IN CRIME NO.215/2025 ON THE FILE OF LEARNED 30TH ADDITIONAL C.M.M. COURT, NRUPATUNGA ROAD, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 108, 85 OF BHARATIYA NYAYA SANHITA, 2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:31841 CRL.P No. 10837 of 2025
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Heard the arguments of petitioners counsel and the learned High Court Government Pleader and perused the material on record. 2. Petitioners, apprehending their arrest in Crime No.215/2025 of Konanakunte Police Station, Bengaluru City, have preferred this petition under Section 482 of BNSS, 2023, seeking anticipatory bail. 3. In the complaint lodged by the brother of the deceased, he has alleged that his sister Shaila @ Vishalakshi was given in marriage to accused No.1 – Shambulingaiah, on 27.05.2013. His brother-in-law was working as a Manager at HDFC Bank in Bengaluru. In the wedlock, the couple have three children. Since three years, his brother-in-law was having illicit relationship with one Padma and in this connection, he quarrelled with his sister and instigated her to commit suicide. It is further
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HC-KAR NC: 2025:KHC:31841 CRL.P No. 10837 of 2025
alleged that his sister was informing him about the mental torture meted to her by the accused and there was even a panchayat conducted in this regard. 4. It is further stated in the complaint that on 30.07.2025 at about 2.30 p.m., the complainant was informed that his sister Shaila @ Vishalakshi has committed suicide by hanging herself in the rented house where she was living along with her husband. It is alleged that all the accused have subjected the deceased to mental harassment and accused No.1 in view of his illicit relationship with another woman, has physically and mentally harassed the deceased and instigated her to commit suicide. 5. Admittedly, the incident has taken place in the rented house, where the deceased and her husband i.e., accused No.1 were residing. Petitioners are the brothers, sister-in-law and sisters of accused No.1. It is not the case of complainant that they too were residing along with the deceased, particularly at the time of incident in
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HC-KAR NC: 2025:KHC:31841 CRL.P No. 10837 of 2025
question. Petitioner Nos.1 to 4 are said to be the residents of Haveri District and petitioner No.5, Shivamogga District. The allegations that the deceased has committed suicide on account of instigation of the petitioners is a matter which has to be established in due course. The ingredients of the offence alleged have to be established by the prosecution and it has to be shown that the petitioners have intentionally aided or instigated the deceased to commit suicide. 6.
In the facts and circumstances, the relief sought in the petition can be granted by imposing conditions. Accordingly, the following:
ORDER i. Petition is allowed. ii. Petitioners/accused Nos.1 to 5 in Crime No.215/2025 of Konanakunte Police Station, Bengaluru City, shall be released in the event of their arrest, subject to following conditions:
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HC-KAR NC: 2025:KHC:31841 CRL.P No. 10837 of 2025
a) They shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties for the likesum and shall cooperate with the investigation. b) They shall furnish their residential address/contact number and shall inform the I.O in case of any change in the address/contact number. c) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. d) They shall be regular in attending the Court proceedings.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HB/List No.: 1 Sl No.: 64