- 1 - HC-KAR NC: 2025:KHC-D:15319 CRL.P No. 104347 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 104347 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SMT. SIDDAVVA W/O. APPASAB OLEKAR, AGE. 34 YEARS, OCC. COOLIE WORK, R/O. ALAGINAL, PIN-586114, TALUKA. TIKOTA, DISTRICT. VIJAYAPURA, NOW AT BASTWAD, PIN-591317, TALUK. RAIBAG, DIST. BELAGAVI. …PETITIONER (BY MISS. SANGEETA K. DONGARE, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH POLICE INSPECTOR, RAIBAG P.S., R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION OF 483 OF BNSS 2023 OF CR.P.C., PRAYING TO GRANT REGULAR BAIL AND ENLARGE HER ON BAIL IN CONNECTION WITH RAIBAG P.S. CRIME NO.47/2025 (S.C. NO.5068/2025) FOR THE OFFENCES PUNISHABLE U/S 103(1), 140(1) AND 238 R/W 3(5) OF THE BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF THE HON’BLE VII ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT CHIKODI, BY EXTENDING THE BENEFIT PROVIDED UNDER SECTION 483 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15319 CRL.P No. 104347 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner/accused No.2 is before this Court seeking for grant of regular bail in Crime No.47/2025 of respondent-police for the offences under Sections 103(1), 140(1) and 238 read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023, pending in SC No.5068/2025 on the file of VII Additional District and Sessions Judge, Belagavi, sitting at Chikodi1. Brief facts of the case: 2. The petitioner is arrayed as accused No.2, who is the wife of deceased. The sister-in-law of accused No.2 lodges a complaint stating that, the accused No.2 was having illicit relationship with the accused No.1. In order to continue the said illicit relationship, both have committed murder of the brother of the complainant and thrown the dead body into the river. The complainant had received the information regarding the said dead body and she went 1 For short, ‘the Trial Court’ - 3 - HC-KAR NC: 2025:KHC-D:15319 CRL.P No. 104347 of 2025 along with the family members and found that it was her brother's dead body and thereafter, having seen the injuries found on the said dead body, suspecting the involvement of the accused No.2, she lodged a complaint against accused Nos.1 and 2. The respondent-police after registering the case, conducted investigation and submitted the charge sheet. 3. Heard Miss. Sangeeta K. Dongare, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent-State. 4. The submission of the learned counsel for the petitioner is that, mere making certain allegations against the accused No.2 regarding illicit relationship with accused No.1 is not sufficient to invoke or implicate the present petitioner in this case, as the case is entirely based on circumstantial evidence. 5. It is further submitted that the petitioner is innocent of the alleged offences. She is having two minor children and she has to take care of them and she is aged - 4 - HC-KAR NC: 2025:KHC-D:15319 CRL.P No. 104347 of 2025 about 35 years and working as a coolie and she is the permanent resident of Alaginal, Taluk Tikota, District Vijaypur. She will abide the conditions imposed by this Court in the event of her release on bail. Making such submissions, she prays to allow the petition. 6. Per contra, learned High Court Government Pleader for respondent-State submitted that the murder had taken place on account of the accused No.2 having illicit relationship with accused No.1. The Investigating Officer conducted a detailed investigation and submitted the charge sheet and making all the efforts to bring the truth by the accused Nos.1 and 2. Therefore, it is not appropriate to grant her bail. Making such submissions, he prays to reject the petition. 7. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it appears from the record that, the entire case is based on circumstantial evidence. The petitioner is a woman and she is the wife of the deceased. Though, the - 5 - HC-KAR NC: 2025:KHC-D:15319 CRL.P No. 104347 of 2025 complainant made certain allegations against her that she was having illicit relationship with accused No.1, the fact remains that, nothing has been recovered from the accused who is the petitioner in this case by the Investigating Officer to connect her with the crime. 8. Having considered the facts and circumstances of the case, without adverting to the merits of the case, it is appropriate to grant her bail by imposing suitable conditions. 9. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.47/2025 of respondent-police for the offences under Sections 103(1), 140(1) and 238 read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023, on executing personal bond in a sum - 6 - HC-KAR NC: 2025:KHC-D:15319 CRL.P No. 104347 of 2025 of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. In case, if the petitioner violates 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 SMM, CT:VP LIST NO.: 1 SL NO.: 10