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Karnataka High Court
Umapathi S/O Neelakantappa vs The State Of Karnataka on 16 March, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2026:KHC-D:4091
CRL.P No. 100321 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.100321 OF 2026
(439 OF Cr.PC/483 OF BNSS)
BETWEEN:
1. UMAPATHI S/O. NEELAKANTAPPA,
AEGD ABOUT 38 YEARS,
OCC: AGRICULTURIST,
R/O.WARD NO.2,
HANDYALARA ONI,
KOLURU VILLAGE,
BALLARI TALUK & DISTRICT-583102.
2. N. SAVAREPPA @ MUDIYAPPA
S/O. N. SHANKARAPPA,
AGED ABOUT 45 YEARS,
Digitally signed
by RAMYA D OCC: AGRICULTURIST,
Location: HIGH
COURT OF
KARNATAKA R/O. WARD NO.2,
DHARWAD
BENCH
DHARWAD BIRESHWARA NAGAR,
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:4091
CRL.P No. 100321 of 2026
HC-KAR
AND:
1. 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 483
OF THE BHARATIYA NAGARIK SURAKSA SANHITA, 2023,
PRAYING TO SET ASIDE THE ORDER DATED 12.02.2026 PASSED
BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT:
BALLARI IN CRL.M.P.NO.67/2026, WITH RESPECT TO THE
PETITIONERS/ACCUSED NO.1 AND 4 FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 108, 109(1), 115(2), 126(2),
189(2), 191(2), 352 & 74 R/W. SECTION 190 OF THE
BHARATIYA NYAYA SANHITA, 2023, AND ENLARGE THE
PETITIONERS/ACCUSED NO.1 AND 4 ON REGULAR BAIL IN
CRIME NO.03/2026 OF KURUGOD POLICE STATION, BALLARI
DISTRICT, REGISTERED DATED 11.01.2026 FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 108, 109(1), 115(2), 126(2),
189(2), 191(2), 352 & 74 R/W. SECION 190 OF THE BHARATIYA
NYAYA SANHITA, 2023, 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:4091
CRL.P No. 100321 of 2026
HC-KAR
ORAL ORDER
This petition is filed under Section 439 of the Code of
Criminal Procedure, 19731 / Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 20232, by the petitioners/accused Nos.1 and 4
seeking to set aside the order dated 12.02.2026 passed in
Crl.M.P.No.67/2026 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.1 and 4 on 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
complainant, who is the mother of the deceased, and informed
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
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
petitioners/accused Nos.1 and 4 are in custody since
14.01.2026. Just because, in a moment of anger and during
exchange of words, the petitioners might have stated that the
deceased should die, but the same would not amount to
abetment to suicide. It is further submitted that accused Nos.1
and 4 have not committed any offence and there are no serious
allegations against the petitioners. Therefore, learned counsel
prays that the petitioners be enlarged on bail.
4. Learned HCGP vehemently opposes the grant of bail to
the petitioners and prays for rejection of the petition.
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5. Considering the fact that the petitioners are in custody
since 14.01.2026 and it is submitted that Investigating Officer is
conducting the investigation and if by imposing stringent
conditions the bail petition is to be allowed. Hence, the
petitioners/accused Nos.1 and 4 are to be enlarged on bail.
Considering the nature of the offences alleged, the petitioners
may be enlarged on bail. Therefore, the petition is liable to be
allowed.
6. Hence, I proceed to pass the following:
ORDER
a) The petition is allowed.
b) The petitioners/accused Nos.1 and 4 is ordered to be
enlarged on bail in Crime No.3/2026 of Kurugod Police Station,
Ballari District, 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, 2023, pending on
the file of II Additional District and Sessions Judge, Ballari,
subject to the following conditions.
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a) The petitioners/accused Nos.1 and 4 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.1 and 4 shall
not leave the jurisdiction of the trial Court without
prior permission of the Court.
c) The petitioners/accused Nos.1 and 4 shall
not tamper and threaten the prosecution witnesses
in any manner.
d) The petitioners/accused Nos.1 and 4 shall
mark his attendance before the concerned police
station on every Saturday between 11.00 a.m. to
02.00 p.m.
e) The petitioners/accused Nos.1 and 4 shall
attend the Court regularly during the trial without
fail. If not attend for consecutive two times it entails
cancellation of bail.
c) Violation of any of the conditions imposed shall
entitle the prosecution to move for cancellation of bail.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
PMP /CT-AN
List No.: 1 Sl No.: 27
