- 1 - HC-KAR NC: 2026:KHC-D:1374 CRL.P No. 105193 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 105193 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. SOMAVVA W/O. UMESH LAMANI AGE. 39 YEARS, OCC. COOLIE, R/O. SHIVAJI NAGAR, TQ. SHIRAHATTI, DIST. GADAG-582120. 2. HANAMAPPA S/O. LACHAMAPPA LAMANI AGE. 78 YEARS, OCC. COOLIE, R/O. SHIVAJI NAGAR, TQ. SHIRAHATTI, DIST. GADAG-582120. 3. LAKSHMAVVA W/O. HANAMANTAPPA LAMANI AGE. 60 YEARS, OCC. COOLIE, R/O. SHIVAJI NAGAR, TQ. SHIRAHATTI, DIST. GADAG-582120. …PETITIONERS (BY SRI. GOURISHANKAR HARISHCHANDRA MOT, ADVOCATE) AND: THE STATE OF KARNATAKA SHIRAHATTI POLICE STATION, DIST. GADAG, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011 …RESPONDENT (BY SRI. P.N. HATTI, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 483 OF BNSS, 2023 SEEKING TO ENLARGE THE PETITIONERS / ACCUSED NO. 2 TO 4 ON REGULAR BAIL IN SHIRAHATTI P.S. CRIME NO.183/2025 CURRENTLY PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, COURT AT: LAXMESHWAR FOR THE OFFENCE PUNISHABLE U/SEC. 103(1), 191(2), 189(2), 80, 61, 85 R/W 190 OF BNS, 2023 & U/SEC 3 AND 4 OF DP ACT, IN THE INTEREST OF JUSTICE. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.03 12:39:21 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1374 CRL.P No. 105193 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. Gourishankar H. Mot, learned counsel for the petitioners and Sri. P.N. Hatti, learned High Court Government Pleader for respondent-State. 2. Petition Section 483 of Bharatiya Nyaya Suraksha Sanhita, 2023 is filed with the following prayer: “Wherefore, the Petitioners/Accused No.2 to 4 most humbly prays that this Hon’ble Court be pleased to ENLARGE the petitioners/accused No.2 to 4 on Regular bail in Shirahatti P.S. Crime No.183/2025 currently pending on the file of Civil Judge and JMFC, Court at Laxmeshwar for the offence punishable U/Sec.103(1), 191(2), 189(2), 80, 61, 85 R/w. 190 of BNS, 2023 & U/sec 3 & 4 of DP Act, in the interest of justice.” 3. During the course of arguments a memo came to be filed by the learned counsel for the petitioners. 4. Memo reads as under: “Herein, the counsel for the petitioner humbly submits as under: - 3 - HC-KAR NC: 2026:KHC-D:1374 CRL.P No. 105193 of 2025 The above said petition, petitioner Nos.2 and 3 are not pressing the same. Hence, I may permitted to withdraw the petition for petitioner Nos.2 an 3, liberty to after the charge sheet in the interest of justice and equity.” 5. Placing the memo on record, the petition insofar as petitioner Nos.2 and 3/accused Nos.3 and 4 is hereby dismissed. 6. The petitioner/accused No.2 is the sister-in-law of the deceased. 7. Case of the prosecution would reveal that there was a demand of additional dowry and in that regard there was harassment. 8. Admittedly, petitioner/accused No.2 is the sister- in-law of the deceased and it is the omnibus allegation of the prosecution that she was also demanding additional dowry and was instigating other accused to harass the deceased, which resulted in ultimately the deceased falling into the water tank of one Narayan Naik. - 4 - HC-KAR NC: 2026:KHC-D:1374 CRL.P No. 105193 of 2025 9. Police after thorough investigation filed the charge sheet. 10. Attempt made by the petitioner to obtain an order of grant of bail is turned down by the learned Trial Judge. Thereafter, the petitioners are before this Court. 11. Learned counsel for the petitioner would contend that in a matter of this nature, unnecessarily, all the family members would be roped in and there is no specific overt acts insofar as the present petitioner/accused No.2 is concerned and thus, sought for enlarging her on bail. 12. Per contra, learned High Court Government Pleader for respondent-State opposes the bail grounds contending that in the voluntary statement of accused No.1 also there is a specific mention that accused No.2 was residing along with other petitioners and the main accused who is the husband of the deceased. 13. Therefore, it should be presumed that she is also responsible for the dowry death of the deceased and therefore, sought for dismissal of the petition. - 5 - HC-KAR NC: 2026:KHC-D:1374 CRL.P No. 105193 of 2025 14. Having heard the arguments of both sides, this Court perused the material on record meticulously. 15. On such perusal of the material on record, it is noticed that charge sheet is filed and the allegations against the petitioner No.1 who is accused No.2 is not specific and omnibus in nature. 16. Petitioner Nos.2 and 3, who are accused Nos.3 and 4 are the parents-in-law of the deceased and accused No.1 is the husband of the deceased. 17. Material collected by the Investigation Agency, prima facie depict that the death of deceased is a dowry death. 18. Be that as it may, it is for the Trial Court to record the evidence of the parties and arrive at a proper finding. For the present, since there is no specific overt act insofar as the petitioner No.1 is concerned, continuation of the custody of petitioner No.1 is no longer warranted. 19. Other apprehensions of the prosecution can be met with by imposing suitable conditions. - 6 - HC-KAR NC: 2026:KHC-D:1374 CRL.P No. 105193 of 2025 20. Accordingly, the following: ORDER (i) The petition insofar as petitioner Nos.2 and 3/accused Nos.3 and 4 are concerned is hereby dismissed by placing the memo on record. (ii) The petition insofar as petitioner No.1/accused No.2 (Smt. Somavva) is concerned is hereby allowed subject to the following conditions: (a) Petitioner No.1 is ordered to be enlarged on bail on executing a bond in a sum of Rs.50,000/- with two sureties for the like sum to the satisfaction of the Trial Court. (b) Petitioner No.1 shall attend the Court regularly. (c) Petitioner No.1 shall not tamper the prosecution witnesses in any manner. - 7 - HC-KAR NC: 2026:KHC-D:1374 CRL.P No. 105193 of 2025 (d) Petitioner No.1 shall not leave the jurisdiction of Gadag District without prior permission. Violation of any one of these conditions would entitle the prosecution to seek for cancellation of the bail. Sd/- (V.SRISHANANDA) JUDGE SMM / CT-CMU LIST NO.: 1 SL NO.: 14