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2025 DAILYLAW 86205 (KAR)

SHAMBULINGAIAH v. STATE OF KARNATAKA

CRL.P/12199/2025 · 2025-09-15

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36607 CRL.P No. 12199 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12199 OF 2025 BETWEEN: SHAMBULINGAIAH S/O. LATE GANGADHARAYYA HIREMATH, AGED ABOUT 47 YEARS, R/AT NO.12/2, BEHIND AC OFFICE, SIDDAVEERAPPA STATION ROAD, HAVERI TOWN AND TALUK, HAVERI DISTRICT-581 110. ALSO AT: NO.722, 3RD APPAYANNA ROAD, NEAR MAHESHWARAMMA DEVALAYA, KONANAKUNTE, BENGALURU-560 062. …PETITIONER (BY SRI. SATISH R. GIRJI, ADVOCATE) AND: STATE OF KARNATAKA BY KONANAKUNTE PS, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER HIM ON BAIL IN CRIME NO.215/2025 PENDING ON THE FILE OF THE CASE IS REGISTERED BY THE RESPONDENT KONANAKUNTE POLICE IN Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36607 CRL.P No. 12199 of 2025 CRIME NO.215/2025 FOR THE OFFENCE PUNISHABLE U/SEC. 108, 85 OF BNS, 2023, PENDING ON THE FILE OF 30TH ADDL. CMM COURT, NRUPATHUNGA ROAD, BENGALURU, BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Cr.No.215/2025 of Konanakunte Police Station, Bengaluru City, registered for the offence punishable under Section 108 and 85 of BNS, 2023. 2. Heard both sides and perused the material on record. 3. FIR is registered against accused Nos.1 to 6, on the basis of a complaint lodged by Shambulingaiah, brother of deceased Vishalakshi. - 3 - HC-KAR NC: 2025:KHC:36607 CRL.P No. 12199 of 2025 4. Accused No.1 is the husband, accused Nos.2 to 6 are the brothers, sister-in-law and sisters of accused No.1. 5. It is alleged in the complaint that deceased was married to petitioner/accused No.1 on 27.5.2013. In the wedlock, they have three children. Petitioner developed an illicit relationship with another woman. He used to send her messages and he was talking to her over phone and subjecting the deceased to physical and mental cruelty. He instigated her to commit suicide, due to which, she hanged herself and committed suicide on 30.6.2025 at about 2.30 p.m., in the rented house where she was living along with her husband. 6. 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. - 4 - HC-KAR NC: 2025:KHC:36607 CRL.P No. 12199 of 2025 7. On completion of investigation, chargesheet has been filed against the petitioner. Other accused named in the FIR are dropped in the chargesheet. It is alleged that after about six months from the marriage, petitioner started mentally torturing the deceased and in this connection, panchayats were also held. Further, petitioner was having an illicit relationship with a woman by name Padma. On 30.6.2025, petitioner picked up a quarrel with the deceased and instigated her to commit suicide. On account of which, she hanged herself. 8. It is the case of prosecution that, the petitioner was having illicit relationship with another woman. In this connection, panchayats were also held. In the panchayat, petitioner promised that he will look after his wife well but continued to harass her. 9. The material on record reveals that the deceased suspected the petitioner of having an illicit relationship with another woman. The allegations that the petitioner has intentionally aided or abetted he deceased - 5 - HC-KAR NC: 2025:KHC:36607 CRL.P No. 12199 of 2025 to commit suicide etc., has to be established during trial. Initially, FIR was registered against six accused. Accused Nos.2 to 6 named in the FIR are not chargesheet. Petitioner was arrested on 1.7.2025. He is in judicial custody. Investigation is completed and chargesheet is filed. 10. In the above facts and circumstances, petitioner can be enlarged on bail by imposing conditions. Hence, the following: ORDER I. Petition is allowed. II. Petitioner/accused No.1 in Crime No.215/2025 of Konanakunte Police Station, Bengaluru City, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only), with two sureties for the likesum to the satisfaction of the jurisdictional Court. - 6 - HC-KAR NC: 2025:KHC:36607 CRL.P No. 12199 of 2025 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 46