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2026 DAILYLAW 33930 (KAR)

JAYAMMA v. STATE OF KARNATAKA

CRL.P/9167/2026 · 2026-08-03

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010427312026 NC: 2026:KHC:40552 CRL.P No. 9167 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.9167 OF 2026 BETWEEN: 1. JAYAMMA (A-2), W/O LATE KURI ERAPPA, AGED ABOUT 68 YEARS, 2. HORAKERAPPA (A3) S/O ERANNA, AGED ABOUT 46 YEARS, 3. E. PUSHPAVATHI @ PUSHPAKKA (A4) W/O M.THIPPESWAMY, AGED ABOUT 47 YEARS, PETITIONER NOS.1 TO 3 ARE PERMANENT RESIDENTS OF HOSAKERE VILLAGE, KANDENAHHLI POST, HIRIYUR TALUK, CHITRADURGA - 577 546. 4. THIPPAIAH @ M.THIPPESWAMY (A5), S/O LATE MURUDAPPA, AGED ABOUT 54 YEARS, OCCUPATION: ASST. TEACHER, GHPS, HALEYALANADU, HIRIYUR TALUK - 577 598 R/O ANUGRAHA NILAYA, JAYARAMANAYAKA BADAVANE, TEACHERS LAYOUT, HIRIYUR TOWN - 577 598. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010427312026 NC: 2026:KHC:40552 CRL.P No. 9167 of 2026 NOTE: PETITIOENRS ADDRESS AND NAME MENTIONED AS PER ORDER IN CMB 537/26 …PETITIONERS (BY SRI. SUNIL KUMAR PATEL, ADVOCATE) AND: STATE OF KARNATAKA BY ABBINAHOLE PS, CHITRADURGA - 577 546 REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001 …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS ON BAIL, IN THE EVENT OF THEIR ARREST BY THE RESPONDENT POLICE IN CR.NO.65/2026, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 85, 108, 190 & 352 OF BNS, 2023, ON THE FILE OF RESPONDENT POLICE / ABBINAHOLE PS, WHICH IS NOW PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN.) & JMFC AT HIRIYUR, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 3 - HC-KAR CNR: KAHC010427312026 NC: 2026:KHC:40552 CRL.P No. 9167 of 2026 ORAL ORDER Accused No.2 to 5 in Crime No.65/2026 registered by Abbinahole Police Station, Chitradurga for the offences punishable under Sections 85, 352, 108 and 190 of Bharatiya Nyaya Sanhita (BNS), 2023, are before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the petitioners and learned Additional Special Public Prosecutor on behalf of respondent-State. 3. FIR in Crime No.65/2026 was registered by Abbinahole Police Station, Chitradurga for the aforesaid offences against Eranna and petitioners herein based on the first information dated 19.05.2026 received from Jayamma, who is the mother of the deceased Pavithra. Apprehending arrest in the said case, petitioners had filed Criminal Miscellaneous Petition No.537/2026 before the jurisdictional Sessions Court which was rejected on 10.06.2026. Therefore, the petitioners are before this Court. - 4 - HC-KAR CNR: KAHC010427312026 NC: 2026:KHC:40552 CRL.P No. 9167 of 2026 4. Perusal of the material on record would go to show that accused No.1 is the husband of deceased-Pavithra and their marriage was solemnised 24 years prior to the registration of FIR in the present case. From the wedlock, the couple have two children aged 23 years and 20 years respectively. In the first information it is alleged that, deceased was being ill- treated in her matrimonial house. It is under these circumstances, on 18.05.2026 at about 09:00 p.m., she had committed suicide by hanging herself. Petitioners herein are the mother-in-law, brother-in-law, sister-in-law and her husband. In the first information, there are no specific allegations as against accused No.2 to 5. General and omnibus allegations have been made against them in the present case, after the deceased committed suicide. Petitioners have no criminal antecedents and they have undertaken to co-operate with police for the purpose of investigation. 5. Under the circumstances, I am of the opinion that, prayer made by the petitioners for grant of anticipatory bail needs to be answered in the affirmative, subject to appropriate conditions. - 5 - HC-KAR CNR: KAHC010427312026 NC: 2026:KHC:40552 CRL.P No. 9167 of 2026 Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The respondent - Police or any other Police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.65/2026 registered by Abbinahole Police Station, Chitradurga for the offences punishable under Sections 85, 352, 108 and 190 of Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions: 1. Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties each for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witnesses and he shall co-operate - 6 - HC-KAR CNR: KAHC010427312026 NC: 2026:KHC:40552 CRL.P No. 9167 of 2026 with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE GVP List No.: 1 Sl No.: 84