Halima vs State Of Karnataka

Sachin Shankar Magadum, J

Petitioner/accused No.3 has filed captioned petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of regular bail in Crime No.151/2025 of Golgumbaz Police Station, Dist. Vijayapura for the offences punishable under Sections 85, 351(2), 61(2), 103(1) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023, pending on the file of Prl. Civil Judge and CJM, Vijayapura.

The gist of the prosecution case is that the daughter of the deceased is married to the son of the present petitioner, namely Khalid, who is arrayed as accused No.2. Owing to marital discord between them, it is alleged that the deceased visited the house of the petitioner with an intention to pacify and resolve the dispute. The prosecution case further proceeds to allege that during the said interaction, a verbal altercation ensued, which culminated in a scuffle. It is specifically alleged that accused No.1, who is another son of the present petitioner, slapped the deceased on his ear, which allegedly resulted in his death. It is further alleged that the present petitioner, along with accused No.2, caught hold of the deceased, thereby facilitating the act attributed to accused No.1. Based on a complaint lodged by the wife of the deceased, a crime came to be registered, and the petitioner, who is the mother-in-law of the deceased’s daughter, has been in judicial custody since 30.10.2025.

Learned counsel appearing for the petitioner, reiterating the grounds urged in the petition, would contend that the petitioner has been unnecessarily implicated solely on account of the matrimonial dispute between accused No.2 and the daughter of the deceased. He would submit that even as per the prosecution version, the deceased had voluntarily visited the petitioner’s house to pacify the dispute and that no deadly weapon was used in the alleged incident. It is further contended that the only overt act alleged is against accused No.1, namely slapping the deceased, and the petitioner is sought to be implicated on vague and omnibus allegations.

Having considered the material on record, this Court notes that the overt acts attributed to the present petitioner are, at best, remote in nature. It is not in dispute that no deadly weapon was used and that the precise cause of death is yet to be conclusively ascertained by the Investigating Officer. It is also borne out from the records that the deceased was aged about 60 years and had a prior medical history, including having undergone open heart surgery. The petitioner is a woman aged about 52 years and has been in judicial custody since 30.10.2025. In these circumstances, further incarceration of the petitioner would result in undue prejudice and would impinge upon her right to personal liberty guaranteed under Article 21 of the Constitution of India. The veracity and effect of the allegations attributed to the petitioner are matters to be tested during a full-fledged trial.

This Court also cannot lose sight of the fact that the parties are closely related, inasmuch as the daughter of the deceased is married to accused No.2, who is the son of the petitioner. Considering the totality of the circumstances, this Court is of the view that the petitioner has made out a case for grant of bail. Accordingly, this Court is inclined to exercise its discretion in favour of the petitioner, subject to imposing stringent conditions to safeguard the interest of the prosecution.

For the foregoing reasons, this Court passes the following:

ORDER

i. The petition is allowed.

ii. The petitioner is directed to be enlarged on bail by the Committal Court/Trial Court in Crime No.151/2025 of Golgumbaz Police Station, District Vijayapura, registered for the offences punishable under Sections 85, 351(2), 61(2), 103(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending on the file of the Principal Civil Judge and Chief Judicial Magistrate, Vijayapura, subject to the following conditions:

a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like sum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly before the Trial Court on all dates of hearing unless her appearance is exempted for valid reasons;

c) The petitioner shall not directly or indirectly threaten, induce, or tamper with the prosecution witnesses;

d) The petitioner shall not involve herself in any similar offences in future;

e) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the said Court until disposal of the case.