- 1 - HC-KAR NC: 2026:KHC-D:1217 CRL.P No. 105413 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 105413 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: KHALANDAR MULLA S/O CHAMANSAB AGE. 48 YEARS, OCC. DRIVER, R/O GUTTAL, TQ. GUTTAL, DIST. HAVERI 581108. …PETITIONER (BY SRI. V.M. BANAKAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HAVERI RURAL P.S. R/BY 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, (UNDER SECTION 439 OF CR.P.C.) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL, IN CONNECTION WITH HAVERI RURAL PS CRIME NO 222/2025 PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN) JMFC HAVERI REGISTERED FOR THE OFFENCES PUNISHABLE U/SEC 189(2), 191(2), 115(2), 76, 108, 351(2), 352, 190 OF BNS OF 2023, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:1217 CRL.P No. 105413 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.V.M.Banakar, learned counsel appearing for petitioner and Sri.P.N.Hatti, learned High Court Government Pleader representing the respondent-State. 2. The petitioner is the accused No.2 in Crime No.222 of 2025 at Haveri Rural Police Station, with the following prayer: “Wherefore, for these and amongst other grounds to be urged at the time of hearing, it is most humbly and graciously prayed that: This Hon’ble Court be pleased to enlarge the petitioner/accused No.2 on bail, in connection with Haveri Rural PS Crime No.222/2025 pending on the file of Addl. Civil Judge (Jr.Dn) JMFC Haveri registered for the offences punishable U/Sec 189(2), 191(2), 115(2), 76, 108, 351(2), 352, 190 of BNS of 2023, in the interest of justice.” 3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: Smt.Seemabhanu Vardi wife of Dadapheer lodged a complaint with Haveri Rural P.S. on 06.12.2025, which was registered as Crime No.222/2025 for the offences under Sections - 3 - HC-KAR NC: 2026:KHC-D:1217 CRL.P No. 105413 of 2025 189(2), 191(2), 115(2), 76, 108, 351(2), 352, 190 of the Bharatiya Nyaya Sanhita, 2023. 4. The gist of the complaint averments would reveal that brother-in-law of the complainant, namely Rafiq was married to Smt.Noora Bibi on 30.01.2025. Thereafter, she started residing with her husband in Guttal Village. Mohammed Rafiq is said to have not allowed her to live with him, and in that regard, there was a complaint lodged with the Women Police Station on 05.11.2025. 5. When the matter stood thus, the police started investigating the matter and at that juncture, Noora Bibi along with present petitioner and other accused persons formed an unlawful assembly came near the house of the Rafiq and abused him in filthy language and threatened the Rafiq and his family members with dire consequences, including filing a case under Section 498A Dowry Probation Act etc. Overt-act alleged against the present petitioner is that he has pulled the Saree of the complainant and abused her. On witnessing the said incident, her husband Dadapeer got frustrated with life and committed suicide on 06.12.2025 and therefore sought for action. - 4 - HC-KAR NC: 2026:KHC-D:1217 CRL.P No. 105413 of 2025 6. Police after registering the case investigated the matter and apprehended the present petitioner. 7. Thereafter, the petitioner approached the District Court for grant of bail, which has been denied. 8. Thereafter, petitioner is before this Court. 9. Sri.V.M.Banakar, learned counsel for petitioner reiterating the grounds urged in the petition, would contend that the complainant party has been granted bail in the case filed by the accused party in Crime No.94 of 2025 and to establish the same, he has placed the copy of the bail order. 10. He would further contend that the trivial incident as to the non-compatibility of the matrimonial relationship between Mohammed Rafiq, who is brother-in-law of the complainant and first accused Noora Bibi, resulted in approaching the Women Police in Crime No.94/2025. Thereafter, the present incident has taken place and the husband of the complainant, being unable to tolerate all these aspects of the matter, committed suicide. 11. He would further contend that enquiring about the registration of the criminal case, at no stretch of imagination, could be treated as abatement to suicide and thus sought for grant of bail. - 5 - HC-KAR NC: 2026:KHC-D:1217 CRL.P No. 105413 of 2025 12. He would also contend that petitioner is in custody on and from 06.12.2025 and therefore, the investigation would have progressed to a considerable extent and continuation of the present petitioner in custody is no longer warranted. 13. He would further point out that only overt-act that has been alleged in the complaint as against the present petitioner is that he pulled the Saree of the complainant. 14. Per contra, Sri.P.N.Hatti, learned High Court Government Pleader would contend that petitioner, along with other members including the Noora Bibi went near the house of the complainant and threatened her brother-in-law and members of the family that they would file criminal case for harassment under the Dowry Prohibition Act and put all the members of the complainant family behind bars, which was unable to be tolerated by the husband of the complainant, who was a law- abiding citizen and he committed suicide. 15. Therefore, there is a direct nexus between the incident and the suicide of the husband of the complainant. Hence, the contentions urged on behalf of the petitioner that there is no overt-act against him so as to enlarging him on bail - 6 - HC-KAR NC: 2026:KHC-D:1217 CRL.P No. 105413 of 2025 cannot be countenanced in law and sought for dismissal of the petition. 16. Having heard the arguments of both sides, this Court perused the material on record meticulously. 17. On such perusal of material on record, it is to be noted that a case came to be registered in Crime No.94/2025 on 05.11.2025. The present incident took place on 06.12.2025, following the filing of the complaint. 18. Taking note of these aspects, the petitioner and his followers, including Noora Bibi, went near the house of the complainant. 19. At that juncture, there was an altercation. After the altercation, the husband of the complainant has committed suicide. Whether at all the enquiring of the criminal case and the alleged threat resulted in abatement to suicide or not cannot be decided by this Court at this stage. 20. The matter is being investigated and the accused has been in custody on and from 06.12.2025. Sufficient time has been spent by the investigation agency and the investigation could have progressed. Therefore, taking note of the overt-act alleged against the petitioner in the complaint, namely that she - 7 - HC-KAR NC: 2026:KHC-D:1217 CRL.P No. 105413 of 2025 has only pulled the Saree of the complainant, continuation of the present petitioner in the judicial custody is no longer warranted. 21. Other apprehensions expressed by the prosecution can be met with by imposing suitable and stringent conditions. 22. Accordingly, the following order: ORDER (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail by executing a bond in a sum of ₹.1,00,000/- with two sureties for the like sum to the satisfaction of the trial Court. (iii) The petitioner shall not tamper with the prosecution witnesses in any manner. (iv) The petitioner shall attend the Court regularly. (v) The petitioner shall mark his attendance every third Sunday between 10 a.m. to 02.00 p.m. till the final report is filed. (vi) The petitioner shall not leave the jurisdiction of Haveri District in any manner. - 8 - HC-KAR NC: 2026:KHC-D:1217 CRL.P No. 105413 of 2025 Violation of any one of the above conditions would entitle the prosecution to seek for cancellation of bail. Sd/- (V.SRISHANANDA) JUDGE RHR/- CT:CMU LIST NO.: 1 SL NO.: 7