HALIMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner/accused No.3 has filed captioned petition under Sec. 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 Ss. 85, 351(2), 61(2), 103(1) read with Sec. 3(5) of Bharatiya Nyaya Sanhita, 2023, pending on the file of Prl. Civil Judge and CJM, Vijayapura.

(2.) 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.

(3.) 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.