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Karnataka High Court
Laxmavva W/O Revanappa Muttannavar vs The State Of Karnataka on 8 April, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2026:KHC-D:5262
CRL.P No. 100656 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 08TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.100656 OF 2026
(438 OF CR.PC/482 OF BNSS)
BETWEEN:
1. LAXMAVVA W/O. REVANAPPA MUTTANNAVAR,
AGE: 46 YEARS, OCC: AGRICULTURE AND
PANCHAYAT MEMBER, R/O. UMACHAGI,
TQ. HUBBALLI, DHARWAD-581195.
2. PRAVEEN S/O. BASAVARAJ NAGARALLI,
AGE: 33 YEARS, OCC: AGRICULTURE AND
PANCHAYAT MEMBER, R/O. UMACHAGI,
TQ. HUBBALLI, DHARWAD-581195.
...PETITIONERS
(BY SRI CHETAN T. LIMBIKAI, ADVOCATE.)
Digitally signed by
MALLIKARJUN AND:
RUDRAYYA
KALMATH
Location: High
Court of Karnataka,
Dharwad Bench THE STATE OF KARNATAKA,
THROUGH PSI, HUBBALLI RURAL POLICE STATION,
REPTD. BY PUBLIC PROSECUTOR, S.P.P. OFFICE,
HIGH COURT OF KARNATAKA, DHAWAD BENCH-580011.
...RESPONDENT
(BY SRI ABHISHEK MALIPATIL, HCGP.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 READ WITH
SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE, 1973,
PRAYING TO ENLARGE THE PETITIONERS/ACCUSED NOS.7 AND
10 ON BAIL, IN THE EVENT OF THEIR ARREST, ON SUCH TERMS
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CRL.P No. 100656 of 2026
HC-KAR
AND CONDITIONS AS THIS HON'BLE COURT DEEMS FIT, IN
CONNECTION WITH HUBBALLI RURAL P.S. CRIME NO.62/2026,
REGISTERED FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 189(2), 191(2), 115(2), 126(2), 352, 351(2), 108,
AND 190 OF BHARATIYA NYAYA SANHITA, 2023
(CORRESPONDING TO SECTIONS 143, 147, 323, 341, 504, 506,
306 READ WITH SECTION 149 OF IPC), NOW PENDING ON THE
FILE OF THE II JMFC COURT, HUBBALLI, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
Heard the arguments of Sri Chetan T. Limbikai,
learned counsel for the petitioners/accused Nos.7 and 10
and Sri Abhishek Malipatil, learned HCGP for the respondent
State.
2. This petition is filed by the petitioners/accused
Nos.7 and 10 under Section 482 of Bharatiya Nagarik
Suraksha Sanhita, 2023 read with Section 438 of the
Criminal Procedure Code, 1973, praying to enlarge the
petitioners/accused Nos.7 and 10 on bail in the event of
their arrest, on such terms and conditions as this Hon'ble
Court deems fit, in connection with Hubballi Rural P.S.
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Crime No.62/2026, registered for the offences punishable
under sections 189(2), 191(2), 115(2), 126(2), 352,
351(2), 108, and 190 of Bharatiya Nyaya Sanhita, 2023
(corresponding to sections 143, 147, 323, 341, 504, 506,
306 read with section 149 of IPC), now pending on the file
of the II JMFC Court, Hubballi, by allowing this criminal
petition.
3. It is the brief case of prosecution as per the
complaint averments that the complainant is wife of the
deceased. On 27.02.2026 there was a quarrel taken place
between the deceased and the accused persons regarding
laying pipeline and on that day, it is alleged that the
accused have assaulted the deceased. Thereafter the
deceased went to the hospital for treatment. Therefore, in
this regard a complaint was lodged against the accused
persons. After two days it was informed to the son of
complainant that the accused persons lodged a complaint
against the deceased and the complainant wherein the
police have summoned the deceased and his
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HC-KAR
wife/complainant for enquiry, therein it is alleged that
atrocity case would be filed against the deceased and he
would be sent to jail and thereafter while going to police
station, the deceased returned by saying that he has forgot
to bring the medical records and committed suicide.
Therefore, it is alleged that since the petitioners and other
accused persons have threatened the deceased to lodge
atrocity case and send him to jail, being afraid he has
committed suicide. Hence, a complaint was filed alleging
that these petitioners have abetted the deceased for
committing suicide. Therefore, with these allegations a
crime was registered and the offences were foisted against
the accused persons as stated above.
4. Learned counsel for petitioners/accused Nos.7
and 10 submitted that the offence alleged in the complaint
on its face value does not attract the offence under Section
306 of IPC. Therefore, submitted that the elements of
abetment for suicide is not alleged in the complaint.
Further, the petitioners are not belonging to the SC/ST.
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Hence, there is no question of threatening the deceased to
file atrocity case. Therefore, considering these facts, prays
to grant anticipatory bail to the petitioners/accused.
5. The learned HCGP has vehemently objected for
grant of bail to the petitioners and prays to reject the bail
petition.
6. In the complaint it is stated that on 27.02.2026
there was a quarrel taken place between the deceased and
the accused persons with regard to laying water pipeline. In
that regard a complaint was lodged by the deceased in the
police station and also for having sustained injuries and the
deceased took treatment in the hospital. After two days the
deceased and his wife were summoned on the guise that
these petitioners/accused have filed complaint against the
deceased and threatened the deceased to file atrocity case
and send him to jail. Therefore, being afraid the deceased
committed suicide.
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7. The main ingredient in the complaint to commit
suicide is that the petitioners have threatened the deceased
making him to send jail by filing atrocity case. This is the
reason expressed in the complaint by the complainant for
the deceased committing suicide. Whether this attracts
abetment of suicide or not is a question for trial based on
the evidence. Further more, in the complaint there is no
mention that these petitioners were at the spot on
27.02.2026. No doubt in the complaint it is stated that the
petitioners are neighbours of the complainant. Therefore,
without expressing any opinion on merits involved in the
case, this Court is of the opinion that the
petitioners/accused Nos.7 and 10 are liable to be enlarged
on bail by granting anticipatory bail allowing this petition.
Hence, I proceed to pass the following:
ORDER
i) The petition is allowed.
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ii) The petitioners/accused Nos7 and 10 are ordered
to be enlarged on bail in the event of their arrest in Hubballi
Rural P.S. Crime No.62/2026, registered for the offences
punishable under sections 189(2), 191(2), 115(2), 126(2),
352, 351(2), 108, and 190 of Bharatiya Nyaya Sanhita,
2023 (corresponding to sections 143, 147, 323, 341, 504,
506, 306 read with section 149 of IPC), now pending on the
file of the II JMFC Court, Hubballi, subject to the following
conditions.
a) The petitioners/accused Nos.7 and 10
shall execute a personal bond for a sum of
Rs.1,00,000/- along with one surety for the like
sum to the satisfaction of the Trial Court.
b) The petitioners/accused Nos.7 and 10
shall appear before the trial Court and shall seek
for regular bail within ten days from the date of
receipt of a copy of this order.
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c) The petitioners/accused Nos.7 and 10
shall not indulge in any criminal case.
d) The petitioners/accused Nos.7 and 10
shall not leave the jurisdiction of the Trial Court
without prior permission of the Court.
e) The petitioners/accused Nos.7 and 10
shall not tamper and threaten the prosecution
witnesses in any manner.
f) The petitioners/accused Nos.7 and 10
shall mark their attendance before the concerned
police station on every Saturday between 11.00
a.m. to 02.00 p.m.
g) The petitioners/accused Nos.7 and 10
shall attend the Court regularly during the trial
without fail. If not attend for consecutive two
times, it entails cancellation of bail.
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iii) Violation of any one of the conditions would
entitle the prosecution to seek for cancellation of bail.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
MRK
CT-AN
List No.: 2 Sl No.: 24
