Shivananjappa Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2026)

Shivananjappa Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner in Crime No.671/2025 of Madanayakanahally Police Station, subject to conditions: (i) execution of a personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Jurisdictional Court; (ii) not to tamper with prosecution witnesses directly or indirectly; (iii) to appear before the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case.

Issue for consideration

Whether the petitioner/Accused No.1 is entitled to be released on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in Crime No.671/2025 of Madanayakanahally Police Station for offences punishable under Sections 85, 108 and 190 of the Bharatiya Nyaya Sanhita, 2023. +1 more

Court's answer

Considering that the charge sheet is filed, the petitioner is not required for custodial interrogation, is in judicial custody since 08.08.2025 and has no criminal antecedents, the petitioner has made out a case for grant of bail with conditions.

Ratio / Principle

Whether the act of the petitioner asking the deceased to go and die as she has not given birth to a male child amounts to abetment to commit suicide is a matter of trial.

Detailed headnote1 paragraphs

High Court of Karnataka (Shivashankar Amrannavar, J.) — CRL.P No. 17003 of 2025 under S.439 Cr.PC / S.483 BNSS — Regular bail — Petitioner is Accused No.1 in Crime No.671/2025 of Madanayakanahalli Police Station, pending as C.C.No.12130/2025 before the Additional Civil Judge and JMFC, Nelamangalla, for offences punishable under Ss.85, 108 and 190 of the Bharatiya Nyaya Sanhita, 2023 — Allegation that the petitioner harassed his wife (the deceased) for not begetting a male child, abused her and asked her to 'go and die'; she committed suicide by hanging; the petitioner was not present in the house at the time — Court held that whether such act amounts to abetment to commit suicide is a matter of trial — Charge sheet filed; petitioner not required for custodial interrogation; in judicial custody since 08.08.2025; no criminal antecedents — Petition allowed: bail granted on personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum, with conditions not to tamper with prosecution witnesses and to appear before the trial Court on all dates of hearing.

NC: 2026:KHC:4715 CRL.P No. 17003 of 2025

1 -

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17003 OF 2025 [(439(Cr.PC) / 483(BNSS)]

BETWEEN:

SHIVANANJAPPA S/O S.LINGAIAH, AGED ABOUT 45 YEARS, PRESENTLY R/AT. NO.29, 2^ND CROSS, VINAYAKA NAGARA, SIDDANAHOSAHALLI, MADAVARA POST, BENGALURU NORTH TALUK, BENGALURU - 562 162. PERMANENT R/AT. NO.82, S.C.COLONY, K.SHETTAHALLI, KARADAKERE, MADDURU, MANDYA - 534 302.

…PETITIONER

(BY SRI. GIRISH R., ADVOCATE)

AND:

Digitally signed by LAKSHMINARAYANA STATE OF KARNATAKA MURTHY RAJASHRI Location: HIGH BY MADANAYAKAKANAHALLI P.S. COURT OF KARNATAKA NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.

…RESPONDENT

(BY SRI. HARISH GANAPATHY, HCGP)

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO PASS AN ORDER

NC: 2026:KHC:4715 CRL.P No. 17003 of 2025

2 -

HC-KAR

GRANTING BAIL THEREBY DIRECTING THE RESPONDENT MADANAYAKANAHALLI POLICE TO RELEASE THE PETITIONER/ ACCUSED NO.1 IN CRIME NO.671/2025 IN C.C.NO.12130/2025 PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, NELAMANGALLA, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 85, 108 AND 190 OF BNS.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by accused No.1 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.671/2025 of Madanayakanahally Police Station registered for offences punishable under Sections 85, 108 and 190 of Bharatiya Nyaya Sanhita, 2023.

Heard learned counsel for petitioner and

learned High Court Government Pleader for respondent - State.

3 - NC: 2026:KHC:4715 CRL.P No. 17003 of 2025

HC-KAR

Learned counsel for petitioner would contend

that, the marriage of the petitioner with the deceased has

taken place seventeen (17) years ago and they are having three (3) daughters. Merely asking the deceased to go and die does not amounts to abetment to commit suicide. The deceased has not left any death note. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With these, he prayed to allow the petition.

Per contra, learned High Court Government Pleader for respondent would contend that, the petitioner has abetted the deceased to commit suicide on the ground that she has not begotten a male child and she has given birth to three female children. C.W.10 is the landlord of the house in which the petitioner and deceased were residing as tenants. She has specifically stated regarding the quarrel between the petitioner and deceased. The petitioner has abetted the deceased to commit suicide. The charge sheet materials show that, there is a primafacie case against the petitioner for offences alleged

4 -

NC: 2026:KHC:4715 CRL.P No. 17003 of 2025

HC-KAR

against him. With these, he prayed for dismissal of the petition.

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

The marriage of the petitioner with the deceased has taken place on 17.03.2009 and out of the marriage, they begot three female children. It is alleged that the petitioner was harassing the deceased as she has not begot a male child. In the said quarrel, it is alleged that the petitioner has abused the deceased on the ground that she has not given birth to a male child and asked her to go and die. The deceased has committed suicide by hanging herself to a fan in the house. At the time of the said suicide by the deceased, the petitioner was not present in the house. Whether the act of the petitioner asking the deceased to go and die as she has not given birth to a male child whether amounts to abetment to

5 - NC: 2026:KHC:4715 CRL.P No. 17003 of 2025

HC-KAR

commit suicide is a matter of trial. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is in judicial custody since 08.08.2025. There are no criminal antecedents of the petitioner.

Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following;

ORDER

The Criminal Petition is allowed . The petitioner is granted bail in Crime No.671/2025 of Madanayakanahally Police Station, subject to following conditions:

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 Jurisdictional Court.

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

6 - NC: 2026:KHC:4715 CRL.P No. 17003 of 2025

HC-KAR

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.

Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

KLV List No.: 1 Sl No.: 20