Ratnamma @ Rathnamma & Ors vs State Of Karnataka & Ors

S Rachaiah, J

The petitioner is before this Court seeking for grant of anticipatory bail in Crime No.395/2025 of respondent No.1-police for the offences under Sections 85 and 103 along with 3(5) of the Bharatiya Nyaya Sanhita 2023 (for short 'BNS 2023').

Brief facts of the case:

The case of the prosecution is that the informant has lodged a complaint stating that his younger sister Chandrakala married accused No.1 on 17.06.2010 at Vishwakarma Convention Hall, Hassan. It is further stated that due to the said wedlock, a daughter by name Dhanyashree was born and she is now aged about 11 years. It is further alleged that the petitioner herein Smt.Rathnamma had difference of opinion with Chandrakala as the said Chandrakala was not in good terms with her husband. Chandrakala was unhappy in her matrimonial home as all the family members were ill-treating her. It is alleged that the petitioner herein had instigated the Chandrakala to commit suicide, accordingly, the said Chandrakala committed suicide in her matrimonial home. Hence, the complaint.

The respondent-police registered a case in Crime No.30/2020 and conducted investigation, thereafter, submitted the charge sheet for the offences under Sections 18(5), 103, 3(5) of BNS, 2023.

Heard Sri.Kiran S. Javali, learned Senior Counsel for Sri.Gagandeep E. and Sri. Ajit P.B., learned counsel for the petitioner and Sri. Rangaswamy R., learned High Court Government Pleader for respondent No.1-State.

The learned Senior counsel submits that the allegations made in the charge sheet against the petitioner is not sufficient to keep the petitioner in judicial custody for the offences stated above. Further, it is submitted that the petitioner is the permanent resident of Sindigere Village, Chikkamagaluru and she is aged about 62 years. Further, the learned Senior Counsel submitted that as there is a special privilege available to the woman under the BNS, 2023, she may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition.

Per contra, the learned High Court Government Pleader for respondent No.1-State vehemently submitted that, the allegations made against the petitioner are serious in nature. The deceased was handicapped. The petitioner used to abuse her in a filthy language and also insulting her in one or the other pretext. As a result of which, she has committed suicide. Moreover, there are injuries found on the body of the deceased. The said injuries create doubt in respect of the incident. Therefore, the petitioner is not entitled for bail. Making such submissions, he prays to reject the petition.

Heard the learned counsel for the respective parties and on perusal of the averments of the charge sheet, the allegations against the petitioner is that on 25.11.2025 when the deceased was at her home along with her daughter, the petitioner being accused No.2 stated to have uttered the words that deceased should have been committed suicide by that time instead of living without hesitation. The deceased being insulted and humiliated by the said scolding, she had committed suicide. However, the said scolding itself is not sufficient to invoke the above said provisions.

Be that as it may, without adverting to the merit of the case, I am of the considered opinion that the petitioner has made out a case to grant bail.

Hence, I proceed to pass the following:

ORDER

(i) The petition is allowed.

(ii) The petitioner is ordered to be enlarged on bail in the event of her arrest in Crime No.395/2025 of respondent No.1-police for the offences stated supra, on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court.

(iii) The petitioner shall appear before the jurisdictional police within a period of one month from today to execute personal bond and also to furnish surety.

(iv) The petitioner shall co-operate with the trial.

(v) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court.

(vi) The petitioner shall appear before the Trial Court on all hearing dates without fail.

(vii) The petitioner shall not commit any criminal cases till disposal of the case.

In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.