Uma J M Vs State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO RELEASE HER ON REGULAR BAIL IN CRIME NO.36/2025 OF RESPONDENT JAGALURU POLICE REGISTERED IN S.C.NO.63/2025 UNDER SECTIONS 108, 3(5) OF BNS WHICH IS PENDING BEFORE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT DAVANAGERE.

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

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No.1 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.36/2025 of Jagalur Police Station, registered for offence punishable under Section 108 and Section 3(5) of Bharatiya Nyaya Sanhita, 2023, pending in S.C.No.63/2025 on the file of Principal District and Sessions Judge, Davanagere.

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Heard learned counsel for petitioner and

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learned Additional State Public Prosecutor for respondent - State.

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3 - NC: 2025:KHC:48211 CRL.P No. 14020 of 2025

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HC-KAR

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Learned counsel for petitioner would contend

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that, earlier missing complaint regarding missing of petitioner/accused No.1 was registered in Crime No.436/2024 in which the statement of this petitioner has been recorded and in the said statement she has stated that, she will not go with her husband. The statement of complainant Eswaragowda, statement of Shikaregowda and Saakamma indicates that, the deceased had filed petition seeking divorce against this petitioner/accused No.1 and it was pending and both attended the Court three times. The deceased appears to have written the death note and at that time, he was depressed. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is having two children to look after. With these, he prayed to allow the petition.

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4. Per contra, learned Additional State Public

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Prosecutor for respondent would contend that, C.W.6 to C.W.11 are eyewitnesses to the incident and they have

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4 - NC: 2025:KHC:48211 CRL.P No. 14020 of 2025

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HC-KAR

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stated harassment by this petitioner to the deceased and her abetment to commit suicide. The death note written by the deceased indicates that, due to the act of the petitioner leaving him and his children and joining her paramour is the cause for his suicide. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against her. With these, she prayed for dismissal of the petition.

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Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record.

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The petitioner/accused No.1 is the wife of deceased. The marriage of petitioner and deceased was a love marriage and out of their marriage, they got two children. It is alleged that, this petitioner left her husband and children and joined her paramour/accused No.2. The petitioner was insisting the deceased to give her divorce so that she can reside with accused No.2. The statements

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5 - NC: 2025:KHC:48211 CRL.P No. 14020 of 2025

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HC-KAR

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of witnesses indicate that, the deceased himself had filed divorce petition and it was pending and both the deceased and petitioner have attended the Court. The acts of this petitioner residing with her paramour/accused No.2 by leaving the deceased and her two children amounts to abetment to commit suicide, is a matter of trial. The petitioner is a woman and she is not having any criminal antecedents. The petitioner is having two children to look after.

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7. Considering all the above aspects, the petitioner

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has made out a case for grant of bail with conditions. In the result, the following;

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ORDER

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The Criminal Petition is allowed . The

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petitioner/accused No.1 is granted bail in S.C.No.63/2025 (arising out of Crime No.36/2025 of Jagalur Police Station) pending on the file of Principal District and Sessions Judge, Davanagere, subject to following conditions:

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6 - NC: 2025:KHC:48211 CRL.P No. 14020 of 2025

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HC-KAR

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i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court.

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ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.

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iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV List No.: 1 Sl No.: 33

Uma J M v. State of Karnataka

Case brief

What is this about?

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Uma J M v. State of Karnataka

Case brief

What is this about?

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What the court decided

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