[Cites 1, Cited by 0]
Karnataka High Court
Somavva W/O. Umesh Lamani vs The State Of Karnataka on 2 February, 2026
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2026:KHC-D:1374
CRL.P No. 105193 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 2ND DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 105193 OF 2025 (439(CR.PC)/483(BNSS))
BETWEEN:
1. SOMAVVA W/O. UMESH LAMANI
AGE. 39 YEARS, OCC. COOLIE,
R/O. SHIVAJI NAGAR,
TQ. SHIRAHATTI, DIST. GADAG-582120.
2. HANAMAPPA S/O. LACHAMAPPA LAMANI
AGE. 78 YEARS, OCC. COOLIE,
R/O. SHIVAJI NAGAR,
TQ. SHIRAHATTI, DIST. GADAG-582120.
3. LAKSHMAVVA W/O. HANAMANTAPPA LAMANI
AGE. 60 YEARS, OCC. COOLIE,
R/O. SHIVAJI NAGAR,
TQ. SHIRAHATTI, DIST. GADAG-582120.
...PETITIONERS
(BY SRI. GOURISHANKAR HARISHCHANDRA MOT, ADVOCATE)
CHANDRASHEKAR
AND:
LAXMAN
KATTIMANI
THE STATE OF KARNATAKA
SHIRAHATTI POLICE STATION,
DIST. GADAG,
REP. BY ITS STATE PUBLIC PROSECUTOR,
Digitally signed by
CHANDRASHEKAR
HIGH COURT OF KARNATAKA,
LAXMAN
KATTIMANI DHARWAD BENCH, DHARWAD-580011
Date: 2026.02.03
12:39:21 +0530 ...RESPONDENT
(BY SRI. P.N. HATTI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S. 483 OF BNSS, 2023
SEEKING TO ENLARGE THE PETITIONERS / ACCUSED NO. 2 TO 4 ON
REGULAR BAIL IN SHIRAHATTI P.S. CRIME NO.183/2025 CURRENTLY
PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, COURT AT:
LAXMESHWAR FOR THE OFFENCE PUNISHABLE U/SEC. 103(1), 191(2),
189(2), 80, 61, 85 R/W 190 OF BNS, 2023 & U/SEC 3 AND 4 OF DP
ACT, IN THE INTEREST OF JUSTICE.
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NC: 2026:KHC-D:1374
CRL.P No. 105193 of 2025
HC-KAR
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
1. Heard Sri. Gourishankar H. Mot, learned counsel
for the petitioners and Sri. P.N. Hatti, learned High Court
Government Pleader for respondent-State.
2. Petition Section 483 of Bharatiya Nyaya Suraksha
Sanhita, 2023 is filed with the following prayer:
"Wherefore, the Petitioners/Accused No.2 to
4 most humbly prays that this Hon'ble Court be
pleased to ENLARGE the petitioners/accused No.2
to 4 on Regular bail in Shirahatti P.S. Crime
No.183/2025 currently pending on the file of Civil
Judge and JMFC, Court at Laxmeshwar for the
offence punishable U/Sec.103(1), 191(2), 189(2),
80, 61, 85 R/w. 190 of BNS, 2023 & U/sec 3 & 4
of DP Act, in the interest of justice."
3. During the course of arguments a memo came
to be filed by the learned counsel for the petitioners.
4. Memo reads as under:
"Herein, the counsel for the petitioner
humbly submits as under:
NC: 2026:KHC-D:1374
HC-KAR
The above said petition, petitioner Nos.2 and
3 are not pressing the same.
Hence, I may permitted to withdraw the
petition for petitioner Nos.2 an 3, liberty to after
the charge sheet in the interest of justice and
equity."
5. Placing the memo on record, the petition insofar
as petitioner Nos.2 and 3/accused Nos.3 and 4 is hereby
dismissed.
6. The petitioner/accused No.2 is the sister-in-law
of the deceased.
7. Case of the prosecution would reveal that there
was a demand of additional dowry and in that regard there
was harassment.
8. Admittedly, petitioner/accused No.2 is the sister-
in-law of the deceased and it is the omnibus allegation of
the prosecution that she was also demanding additional
dowry and was instigating other accused to harass the
deceased, which resulted in ultimately the deceased falling
into the water tank of one Narayan Naik.
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HC-KAR
9. Police after thorough investigation filed the
charge sheet.
10. Attempt made by the petitioner to obtain an
order of grant of bail is turned down by the learned Trial
Judge. Thereafter, the petitioners are before this Court.
11. Learned counsel for the petitioner would contend
that in a matter of this nature, unnecessarily, all the family
members would be roped in and there is no specific overt
acts insofar as the present petitioner/accused No.2 is
concerned and thus, sought for enlarging her on bail.
12. Per contra, learned High Court Government
Pleader for respondent-State opposes the bail grounds
contending that in the voluntary statement of accused No.1
also there is a specific mention that accused No.2 was
residing along with other petitioners and the main accused
who is the husband of the deceased.
13. Therefore, it should be presumed that she is
also responsible for the dowry death of the deceased and
therefore, sought for dismissal of the petition.
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HC-KAR
14. Having heard the arguments of both sides, this
Court perused the material on record meticulously.
15. On such perusal of the material on record, it is
noticed that charge sheet is filed and the allegations against
the petitioner No.1 who is accused No.2 is not specific and
omnibus in nature.
16. Petitioner Nos.2 and 3, who are accused Nos.3
and 4 are the parents-in-law of the deceased and accused
No.1 is the husband of the deceased.
17. Material collected by the Investigation Agency,
prima facie depict that the death of deceased is a dowry
death.
18. Be that as it may, it is for the Trial Court to
record the evidence of the parties and arrive at a proper
finding. For the present, since there is no specific overt act
insofar as the petitioner No.1 is concerned, continuation of
the custody of petitioner No.1 is no longer warranted.
19. Other apprehensions of the prosecution can be
met with by imposing suitable conditions.
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HC-KAR
20. Accordingly, the following:
ORDER
(i) The petition insofar as petitioner Nos.2
and 3/accused Nos.3 and 4 are concerned
is hereby dismissed by placing the memo
on record.
(ii) The petition insofar as petitioner
No.1/accused No.2 (Smt. Somavva) is
concerned is hereby allowed subject to
the following conditions:
(a) Petitioner No.1 is ordered to be
enlarged on bail on executing a
bond in a sum of Rs.50,000/-
with two sureties for the like sum
to the satisfaction of the Trial
Court.
(b) Petitioner No.1 shall attend the
Court regularly.
(c) Petitioner No.1 shall not tamper
the prosecution witnesses in any
manner.
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HC-KAR
(d) Petitioner No.1 shall not leave
the jurisdiction of Gadag District
without prior permission.
Violation of any one of these conditions would
entitle the prosecution to seek for cancellation of the
bail.
Sd/-
(V.SRISHANANDA)
JUDGE
SMM / CT-CMU
LIST NO.: 1 SL NO.: 14
