[Cites 12, Cited by 0]
Karnataka High Court
Smt. Yashodamma W/O Umapathi vs The State Of Karnataka on 16 March, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2026:KHC-D:4109
CRL.P No. 100320 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 16TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.100320 OF 2026
(438 OF Cr.PC/482 OF BNSS)
BETWEEN:
1. SMT. YASHODAMMA
W/O. UMAPATHI,
AGED ABOUT 37 YEARS,
OCC: HOUSEWIFE,
R/O. WARD NO.2,
HANDYALARA ONI,
KOLURU VILLAGE,
BALLARI TALUK & DISTRICT-583102.
2. N. VASANTHA
S/O. SHANKARAPPA,
AGED ABOUT 43 YEARS,
R/O. WARD NO..2,
Digitally signed by BIRESHWARA NAGAR,
RAMYA D
Location: HIGH NEAR PRIMARY SCHOOL,
COURT OF
KARNATAKA HAGALURU HOSAHALLI VILLAGE,
DHARWAD
BENCH
DHARWAD
SIRUGUPPA TALUKA,
BALLARI DISTRICT- 583154.
3. N. MALLIKARJUN
S/O. N. SHANKARAPPA,
AGED ABOUT 33 YEARS,
R/O. #357, NEAR PRIMARY SCHOOL,
HAGALURU HOSAHALLI VILLAGE,
SIRUGUPPA TALUKA,
BALLARI DISTRICT-583154.
...PETITIONERS
(BY SRI V. S. KALASURMATH, ADVOCATE)
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NC: 2026:KHC-D:4109
CRL.P No. 100320 of 2026
HC-KAR
AND:
THE STATE OF KARNATAKA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BY SUB -INSPECTOR OF POLICE,
KURUGODU POLICE STATION,
KURUGODU ,
BALLARI DISTRICT-583116.
...RESPONDENT
(BY SRI DAYANAND SANGRESHI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023,
PRAYING TO SET ASIDE THE ORDER DATED 12.02.2026 PASSED
BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, AT BALLARI
IN CRL. M.P.NO.68/2026, WITH REPSECT TO THE PETITIONERS/
ACCUSED NO.2, 3 & 5 FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 108, 109(1), 115(2), 126(2), 189(2), 191(2), 352
AND 74 R/W. SECTION 190 OF THE BHARATIYA NYAYA
SANHITA, 2023, AND ENLARGE THE PETITIONERS/ACCUSED NO.
2, 3 AND 5 ON ANTICIPATORY BAIL IN CRIME NO.03/2026 OF
KURUGOD POLICE STATION, BALLARI DISTRICT, REGISTERED
DATED 11.01.2026 FOR THE OFFENCES PUNISHABLE UNDER
SECTION 108, 109(1), 115(2), 126(2), 189(2), 191(2), 352 AND
74 R/W. SECTION 190 OF THE BHARATIYA NYAYA SANHITA,
2023 AND DIRECT THAT IN THE EVENT OF THEIR ARREST, THE
PETITIONERS SHALL BE RELEASED ON BAIL, 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
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NC: 2026:KHC-D:4109
CRL.P No. 100320 of 2026
HC-KAR
ORAL ORDER
This petition is filed under Section 438 of the Code of
Criminal Procedure, 19731 / Section 482 of the Bharatiya Nagarik
Suraksha Sanhita, 20232, by the petitioners/accused Nos.2, 3
and 5 seeking to set aside the order dated 12.02.2026 passed in
Crl.M.P.No.68/2026 on the file of II Additional District and
Sessions Judge, Ballari3, arising out of Kurugodu P.S. Crime
No.3/2026, registered for the offence punishable under Sections
108, 109(1), 115(2), 126(2), 189(2), 191(2), 352 and 74 read
with Section 190 of the Bharatiya Nyaya Sanhita, 20234 and to
enlarge the petitioners/accused Nos.2, 3 and 5 on anticipatory
bail.
2. It is the brief case of the prosecution as per the
averments made in the complaint and the FIR is that, the
deceased Gadilingamma was given in marriage to Komari of
Kolur Village on 26.04.2020 and thereafter she went to her
husband's house to lead marital life. It is alleged that on
10.01.2026 the husband of the deceased telephoned the
Hereinafter referred to as the 'Cr.P.C.'
Hereinafter referred to as the 'BNSS, 2023'
Hereinafter referred to as the 'Sessions Court'
Hereinafter referred to as the 'BNS, 2023'
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HC-KAR
complainant, who is the mother of the deceased, and informed
that the deceased-his wife had consumed poison and died.
Thereafter, the complainant and her husband Mahalingappa went
to the house of in-laws of the deceased and found that the
deceased died. Therefore, the complaint came to be lodged
against the petitioners alleging that they had instigated and
abetted the deceased to commit suicide, and that due to such
instigation and abetment by the accused, the deceased
consumed poison and died.
3. Learned counsel for the petitioners submitted that
petitioner No.1/accused No.2 is a woman having two minor
children. Therefore, he prays for grant of anticipatory bail. It is
further submitted that accused Nos.3 and 5 have not committed
any offence and there are no serious allegations against the
petitioners. Hence, he prays to grant anticipatory bail to the
petitioners.
4. Learned HCGP vehemently opposes the grant of bail to
the petitioners and prays for rejection of the petition.
5. Considering the fact that the husband of accused No.2 is
also in custody and there is no one in the house to look after the
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minor children, the benefit of anticipatory bail can be granted
only in favour of accused No.2/petitioner No.1.
6. The Investigating Officer is conducting the investigation
and the charge sheet has not yet been filed as the petitioners
have not cooperated with the investigation. There are specific
allegations against accused Nos.3 and 5/petitioners No.2 and 3
that they abetted the deceased to commit suicide. Considering
the nature of the offences alleged, the benefit of anticipatory bail
cannot be extended to accused Nos.3 and 5/petitioners No.2
and 3. Therefore, the petition is liable to be allowed in part.
7. Hence, I proceed to pass the following:
ORDER
a) The petition is allowed in part.
b) The prayer for anticipatory bail in respect of
petitioners No.2 and 3/accused Nos.3 and 5 is
rejected.
c) The petitioner No.1/accused No.2 is ordered to be
enlarged on bail in the event of his arrest in
Crime No.3/2026 of Kurugod Police Station, Ballari
District, registered for the offence punishable
under Sections 108, 109(1), 115(2), 126(2),
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189(2), 191(2), 352 and 74 read with Section 190
of the Bharatiya Nyaya Sanhita, 2023, pending on
the file of II Additional District and Sessions
Judge, Ballari, subject to the following conditions.
a. The petitioner No.1/accused No.2 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.
b. The petitioner No.1/accused No.2 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.
c. The petitioner No.1/accused No.2 shall not
indulge in the same offence or any other criminal
cases, till completion of the trial.
d. The petitioner No.1/accused No.2 shall not leave
the jurisdiction of the Trial Court without prior
permission of the Court.
e. The petitioner No.1/accused No.2 shall not
tamper and threaten the prosecution witnesses
in any manner.
f. The petitioner No.1/accused No.2 shall mark his
attendance before the concerned police station
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on every Saturday between 11.00 a.m. to 02.00
p.m.
g. The petitioner No.1/accused No.2 shall attend
the Court regularly during the trial without fail. If
not attend for consecutive two times, it entails
cancellation of bail.
h. Violation of any one of the conditions would
entitle the prosecution to seek for cancellation of
bail.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
PMP /CT-AN
List No.: 1 Sl No.: 26
