Shivanand S/O Mahadevappa Badiger Vs the State of Karnataka

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.1 IN GOKUL ROAD PS CRIME NO.117/2025, PENDING BEFORE THE JMFC IIIRD COURT, HUBBALLI, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SEC.108 READ WITH SECTION 3(5) OF THE BHARATIYA NYAYA SANHITA, 2023 IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:15281 CRL.P No. 104300 of 2025

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)

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The petitioner is before this Court seeking for grant of regular bail in Crime No.117/2025 of respondent/Police for the offence under Sections 108 r/w. Section 3(5) of the Bharatiya Nyaya Sanhita, 2023¹ .

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Brief facts of the case;

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The case of the prosecution is that, the complaint came to be registered by Smt. Devakka W/o. Shrikantappa Badiger stating that, the marriage of her daughter with the accused No.1 was performed on 21.05.2025. After the marriage, her daughter namely Jayashri started residing with her in-laws in her matrimonial home. After some time, her daughter Jayashri was not feeling well and went to the house of her another daughter namely Sujata. Thereafter, the said Jayashri went to another sister’s house and she was feeling unhappy. When it was questioned as to how she was feeling uncomfortable, she replied that, accused No.1 being her husband was having love affair with one Megha

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1 For short ‘BNS, 2023’

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3 - NC: 2025:KHC-D:15281 CRL.P No. 104300 of 2025

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HC-KAR

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since 13 years. After coming to know the said fact, her husband was not talking with her happily as a result of which, she was unhappy.

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On 04.08.2025, the complainant, her husband and other two persons went to Hubballi and met her daughter Chetana. Thereafter, they took Jayashri and joined her to her matrimonial home. Subsequently, the said Jayashri was started residing in her matrimonial home and she was talking with the complainant and others casually.

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On 16.08.2025 around 7:00 AM, accused No.1 called the husband of the complainant stating that the daughter of the complainant committed suicide by hanging. Immediately, they rushed to the spot and enquired the causes about the said suicide. Thereafter, a complaint came to be registered against the accused. The respondent/Police have registered a case in Crime No.117/2025.

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Heard Sri.Sadik Kanvi, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent/State.

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4 - NC: 2025:KHC-D:15281 CRL.P No. 104300 of 2025

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HC-KAR

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The submission of the learned counsel for the

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petitioner is that, the petitioner has been falsely implicated in this case. The ingredients of Section 108 of BNS, 2023 would not be attracted on the averments made in the complaint.

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It is further submitted that the petitioner is innocent of the alleged offences, merely because, the complainant has mentioned several allegations in the complaint are not sufficient to substantiate the involvement of the petitioner.

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It is further submitted that, in fact, there is no nexus between the death and the abatement of the deceased. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. He would abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition.

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Per contra, the learned High Court Government Pleader for respondent/State vehemently submitted that,

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HC-KAR

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the averments of the complaint would indicate that, the accused No.1/petitioner was not in good terms with the deceased. In fact, the averments of the complaint would further indicate that, the petitioner being a husband of the deceased had illicit relationship with another girl, as a result of which, the deceased was unhappy. Mediation was held between the accused No.1/petitioner and the deceased. However, it was not resolved properly. Even though, the complainant and others instructed the deceased Jayashri to stay in her matrimonial home, the petitioner and others did not take care of her. Consequently, the incident had occurred. It is further submitted that as there is nexus between the death and abatement, it is not appropriate to grant bail. Making such submissions, he prays to reject the petition.

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Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, it appears from the record that, the deceased was unhappy about the accused No.1 on the alleged extra-

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HC-KAR

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marital affair of her husband. However, that itself is not sufficient to hold that she had been subjected to cruelty of which, the said aspect has forced her to commit suicide. Even assuming that, the deceased made allegations in that regard against the petitioner, that itself is not sufficient to hold that the petitioner had illicit affair with another lady.

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Keeping in mind, the averments of the complaint, it is appropriate to grant him bail by imposing suitable conditions without mentioning the merits of the case.

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Hence, I proceed to pass the following:

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ORDER

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(i) The petition is allowed.

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(ii) The petitioner is ordered to be

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enlarged on bail in Crime No.117/2025 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- with one surety for

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the likesum to the satisfaction of the Trial Court subject to following conditions;

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NC: 2025:KHC-D:15281 CRL.P No. 104300 of 2025

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HC-KAR

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(a) The petitioner shall not threaten or

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tamper the prosecution witnesses nor hamper

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the proceedings of the Court.

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(b) The petitioner shall appear before

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the Trial Court on all hearing dates without

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fail.

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(c) The petitioner shall not involve in

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any criminal cases till disposal of the case.

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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.

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Sd/(S.RACHAIAH)

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JUDGE

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PJ, CT:VP LIST NO.: 1 SL NO.: 30

Shivanand S/O Mahadevappa Badiger v. the State of Karnataka

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Shivanand S/O Mahadevappa Badiger v. the State of Karnataka

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