- 1 - CRL.P. No.104735/2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104735 OF 2025 (439 (CR.PC)/483(BNSS)) BETWEEN: SMT. GIRIJAMMA W/O. GADIGEPPA OLEKAR, AGE. 34 YEARS, OCC. HOUSE WIFE, R/O. KOPPARSHIKOPPA, TQ. HANAGAL, DIST. HAVERI-581104. ...PETITIONER (BY SRI. M.T. NANAYYA, SR. COUNSEL FOR SRI. K.L. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HANAGAL P.S. REP. BY LEARNED SPP, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580011. …RESPONDENT - 2 - CRL.P. No.104735/2025 (BY SRI. JAIRAM SIDDI, HCGP) *** THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.8 IN SESSIONS CASE NO.37/2025 ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE, HAVERI REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 189(2), 191(2 AND 3), 115(2), 118(1), 126(2), 103(1), 133, 74, 352, 351(2 AND 3) AND 49 R/W. 190 OF BNS IN HANAGAL P.S. CRIME NO.289/2024 AND ETC.,. THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED ON 10.12.2025, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, COURT MADE THE FOLLOWING: CORAM: HON'BLE MR JUSTICE S RACHAIAH - 3 - CRL.P. No.104735/2025 CAV ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner/accused No.8 is before this Court seeking for grant of regular bail in Crime No.289/2024 of respondent/Police for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 126(2), 103(1), 133, 74, 352, 351(2), 351(3) and 49 R/W. 190 of Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘BNS’). Brief facts of the case; 2. The case of the prosecution is that one Pakirappa son of Lakshmana olekara lodges a complaint stating that Nagaraja and Prakash are his brothers. After the marriage, all the brothers were residing separately. It is alleged that one Prakash used to go to the house of one Subash son of Hanumantappa Olekar. On 26.11.2024 around about 1.10 p.m., the complainant had received a call from one Jayamma who was the wife of Prakash, had informed the complainant that, when Jayamma W/o Subhash and her husband Prakash were coming in the street, Rekha W/o Subhash called Prakash and Jayamma to her house. Prakash went inside the house along with Rekha, however, Jayamma was waiting outside. It is alleged that one Gadigeppa Pakkirappa Olekar and Basavaraj - 4 - CRL.P. No.104735/2025 have seen that the Prakash went inside the house of Rekha. They made allegations that Prakash was having illicit relationship with Rekha and immediately asked the others to come near the house of Rekha. All of them assembled in front of the house of Rekha and went inside the house of Rekha and dragged the said Prakash from the house and started assaulting him. 3. It is further stated that, Prakash was tied to the electric pole by Gadigeppa, Basavaraj, Parashuram, Pushpa and Girijamma and he had been assaulted inspite of request made by Jayamma to leave Prakash. Prakash was garlanded the footwear around his neck, and he was also assaulted with slippers. 4. It is further alleged that the accused, armed with wooden logs and clubs, assaulted Prakash and inflicted serious injuries to him. After the incident, he was taken to the Hanagal hospital for treatment, however, he died due to injuries. 5. On the basis of the information given by the complainant, the respondent police have registered a case against the petitioner for the aforesaid offences. After conducting investigation, the charge sheet was submitted. - 5 - CRL.P. No.104735/2025 6. Heard Sri M.T.Narasaiah, learned Senior Counsel for Sri. K.L.Patil, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent/State. 7. It is the submission of learned Senior Counsel for the petitioner that, the petitioner is accused No.8 who is a women and allegation made against her is vague in nature. There are no specific allegations against her. The petitioner is suffering from various ailments and she requires specialized medical assistance. Considering the health problems, she may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel prays to allow the petition. 8. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that, as per the averments of the charge sheet, accused No.8 instigated others to commit murder of the deceased-Prakash. Further, both accused Nos.7 and 8 had placed a garland of footwear around the neck of the deceased to humiliate him. Therefore, it is not appropriate to grant her bail, making such submissions learned High Court Government Pleader prays to reject the petition. - 6 - CRL.P. No.104735/2025 9. Having heard learned counsel for the respective parties and on perusal of the averments of the charge sheet, it appears from the record that accused Nos.7 and 8 placed a garland of the footwears around the neck of the deceased, and insulted deceased in front of the public. Further, it is alleged against the petitioner that she was instigating others not only to humiliate the deceased, but also, to assault him by tying him to the electric pole. 10. Be that as it may, having considered that, the petitioner is a woman and she is aged about 34 years. The petitioner is permanent resident of Kopparshikoppa, Hanagal Taluk, Haveri District, it is appropriate to grant bail by imposing suitable conditions. Those conditions are sufficient to take care of the apprehension of the prosecution. 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. 289/2024 of respondent/Police for the aforesaid offences on executing personal bond for a sum of - 7 - CRL.P. No.104735/2025 Rs.1,00,000/- with one surety for the like-sum 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. (v) The petitioner shall not commit any similar offences in future till disposal of the case. 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 JS