- 1 - HC-KAR NC: 2026:KHC-D:99 CRL.P No. 104480 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104480 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: SMT. MALAN BEE W/O. AJEET BHASHA KADEMANI AGE 32 YEARS, OCC. COOLIE, R/O. AT NO 1, ITAGI VILLAGE, TQ. KAMPLI DIST. BALLARI 583220 …PETITIONER (BY SRI. SABEEL AHMED, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH P.S.I NAVALGUND POLICE STATION NOW REPRESENTED BY ITS ADDL. STATE PUBLIC PROSECUTOR SPP OFFICE, HIGH COURT OF KARNATAKA DHARWAD 580011. …RESPONDENT (BY SRI. P.N. HATTI, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 438 OF CR.P.C., / U/S. 482 OF BNSS, 2023, PRAYING TO GRANT ANTICIPATORY BAIL IN FAVOUR OF THE PETITIONER IN THE EVENT OF HER ARREST IN CONNECTION WITH CRIME NO. 61/2025 REGISTERED BY NAVALGUND POLICE STATION, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 109 OF THE BHARATIYA NYAYA SANHITA, 2023, AND TO ENLARGE HER ON SUCH TERMS AND CONDITIONS AS THIS COURT MAY DEEM FIT AND PROPER IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:99 CRL.P No. 104480 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Sabeel Ahmed and learned High Court Government Pleader-Sri.P.N.Hatti. 2. The petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “the BNSS”), with the following prayer: “Wherefore, it is most humbly prayed that this Hon'ble Court may be pleased to grant anticipatory bail in favour of the Petitioner in the event of her arrest in connection with Crime No. 61/2025 registered by Navalgund Police Station, for the alleged offence punishable under Section 109 of the Bharatiya Nyaya Sanhita, 2023, and to enlarge her on such terms and conditions as this Hon'ble Court may deem fit and proper, in the interest of justice and equity.” 3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: Sri.Yamnursab Nadaf filed a complaint which was registered as Crime No.61 of 2025 with Navalgund Police Station on 12.04.2025, alleging the commission of the offence under - 3 - HC-KAR NC: 2026:KHC-D:99 CRL.P No. 104480 of 2025 Section 109 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’) against the petitioner herein. 4. Gist of the complaint averments would reveal that sister of the complainant was married to Ajith Basha in the year 2015 and in the matrimonial relationship there are three children namely, Anjuma, Fayaz, Arif. Sister of the complainant, who is the accused in the present petition, was unable to bear the harassment imparted to her by her husband and attempted to commit suicide and thereby he administered poison to his children also consumed poison on 11.04.2025. However, she survived, while one of the children by name Fayaz succumbed to the poisoning and therefore, a case was registered against the petitioner. 5. Till today, the investigation agency is unable to completely investigate the matter nor apprehend the petitioner and proceed with the case. 6. The attempt made by the petitioner to obtain an order of grant of anticipatory bail was turned down by the learned Trial Judge and thereafter the petitioner is before this Court. - 4 - HC-KAR NC: 2026:KHC-D:99 CRL.P No. 104480 of 2025 7. Sri.Sabeel Ahmaed, learned counsel for the petitioner reiterating the grounds urged in the petition, submitted that it is the dismay of the petitioner having survived from the attempt to commit suicide and she should not be penalised again for the poisoning of her child. At any rate, the petitioner being a lady, would cooperate with the investigation agency and sought for grant of anticipatory bail. 8. Learned High Court Government Pleader, however, opposes the bail grounds. 9. Having heard the arguments of both sides, this Court perused the material on record meticulously. On such perusal, for want of presence of the petitioner, the investigation is not completed and charge sheet is yet to be filed. 10. Taking note of the above aspects of the matter, if the petitioner is directed to join the investigation and undergo limited period of custodial interrogation, the ends of justice would be met. 11. Accordingly, the following order: ORDER (i) The petition allowed. - 5 - HC-KAR NC: 2026:KHC-D:99 CRL.P No. 104480 of 2025 (ii) The petitioner is directed to join the investigation by appearing before the Investigation Officer on 17.01.2026 positively at 10.00 a.m. (iii) Investigation Officer is at liberty to take the petitioner into custody and complete the custodial interrogation on the same day before 05.00 p.m. (iv) Thereafter, the petitioner be enlarged on bail by taking a bond in a sum of ₹50,000/- with one surety for the like sum to the satisfaction of the Investigation Officer. (v) The petitioner shall cooperate with the investigation agency in all respects. (vi) The petitioner shall attend the court regularly. (vii) The petitioner shall mark her attendance before the Investigation Officer between 10.00 a.m. to 03.00 p.m., until final report is filed. (viii) The petitioner shall not tamper with the prosecution witnesses in any manner. (ix) The petitioner shall not leave the jurisdiction of Dharwad district without prior permission. - 6 - HC-KAR NC: 2026:KHC-D:99 CRL.P No. 104480 of 2025 Violation of any one of these conditions would entitle the prosecution to seek for cancellation of bail. Order accordingly. Sd/- (V.SRISHANANDA) JUDGE RHR/-CT-CMU LIST NO.: 1 SL NO.: 15