Karnataka High Court
Bibi Fatima vs The State Of Karnataka on 1 April, 2026
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NC: 2026:KHC-K:2824
CRL.P No. 200436 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO. 200436 OF 2026
(438(Cr.PC)/482(BNSS))
BETWEEN:
1. BIBI FATIMA
W/O MAHIBOOB HAVALDAR
AGE: 21YEARS, OCC: HOUSE WIFE
R/O HUNASHYAL, TQ: DEVAR HIPPARAGI
DIST: VIJAYAPUR-586104
2. SAYEBI W/O SAHEBLAL HAVALADAR
AGE: 50 YEARS, OCC: HOUSE WIFE,
R/O: HUNASHYAL, TQ: DEVAR HIPPARAGI.
DIST: VIJAYAPUR-586104
3. SAYYADABI
D/O SAHEBLAL HAVALDAR
Digitally signed by
SHIVALEELA AGE: 19 YEARS, OCC: HOUSE WORK
DATTATRAYA UDAGI
R/O: HUNASHYAL, TQ: DEVAR HIPPARAGI
Location: HIGH
COURT OF DIST: VIJAYAPUR-586104
KARNATAKA
4. MAHIBOOB
S/O SAHEBLAL HAVALDAR
AGE: 15 YEARS, OCC: STUDENT,
R/O: HUNASHYAL, TQ: DEVAR HIPPARAGI
DIST: VIJAYAPUR-586104
...PETITIONERS
(BY SRI. MOINAKHTAR NADAF., ADVOCATE)
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NC: 2026:KHC-K:2824
CRL.P No. 200436 of 2026
HC-KAR
AND:
THE STATE OF KARNATAKA
THROUGH THE PSI.
DEVAR HIPPARAGI PS,
REP. BY THE ADDL SPP
HIGH COURT OF KARNATAKA
KALABURAGIBENCH-585107.
...RESPONDENT
(BY SRI.JAMADAR SHAHABUDDIN, HCGP)
THIS CRL.P IS FILED U/S.482 OF BNSS(NEW) U/S 438 OF
CR.P.C (OLD) PRAYING TO ALLOW THIS PETITION AND DIRECT
THE RESPONDENT TO ENLARGE THE PETITIONERS/ACCUSED
NO.1 TO 4 ON ANTICIPATORY BAIL IN THE EVENT OF THEIR
ARREST IN DEVAR HIPPARAGI PS CRIME NO.23/2026
REGISTERED AGAINST THE PETITIONERS FOR THE OFFENCES
PUNISHABLE U/S 108, 190 OF BNS WHICH IS PENDING
BEFORE THE COURT OF CIVIL JUDGE AND JMFC COURT AT
SINDAGI BY IMPOSING ANY CONDITIONS THAT THIS
HONOURABLE COURT DEEMS FIT IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL ORDER
The petitioners have filed this petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of -3- NC: 2026:KHC-K:2824 CRL.P No. 200436 of 2026 HC-KAR anticipatory bail in the event of their arrest in Crime No. 23/2026.
2. I have heard the arguments on both sides.
3. The learned counsel for the petitioners submitted that the petitioners have been falsely implicated by the complainant due to matrimonial discord between the deceased and petitioner No. 1. The FIR is based on a Facebook post, and that does not amount to abetment. The petitioners do not have any criminal antecedents. Petitioner Nos. 1 to 3 are women, and petitioner No. 4 is a student.
4. The petitioners have not committed any offence as alleged against them. The police have registered the case in a mechanical manner on the basis of vague and unsustainable allegations. The petitioners are ready to abide by the conditions that may be imposed by this Court. On all these grounds, the petitioners seek to have this petition allowed.
5. I have examined the materials placed before this Court.
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NC: 2026:KHC-K:2824 CRL.P No. 200436 of 2026 HC-KAR
6. On the basis of the complaint filed by Katiza Kashinkunte, the Devaragi Police have registered the case in Crime No. 23/2026 against accused Nos. 1 to 6 for the commission of offences punishable under Sections 108 and 190 of the Bharatiya Nyaya Sanhita, 2023.
7. The petitioners filed an application under Section 482 of the BNSS for grant of anticipatory bail before the IV Additional District and Sessions Judge, Vijayapura, which was rejected. Hence, the petitioners have filed this petition for grant of anticipatory bail.
8. I have examined the materials placed before this Court. With regard to petitioner No. 4, the age of petitioner No. 4 is shown as 15 years. However, a vakalath has been filed on behalf of petitioner No. 4 without appointing a minor guardian. Hence, the petition filed on behalf of petitioner No. 4 is not maintainable.
9. With regard to the other petitioners, it is stated in the complaint that the complainant, viz., Katiza Kashinkunte, is the sister of the deceased, Mahibub. The deceased was married to petitioner No. 1, Bibi Fatima, about 5 to 6 years ago. They -5- NC: 2026:KHC-K:2824 CRL.P No. 200436 of 2026 HC-KAR have two children. However, after the marriage, petitioner No. 1 stayed with him and led a happy married life for some days, but thereafter started quarrelling with him and used to go to her parental house. Whenever the deceased, Mahibub, went to call her back, she used to ill-treat him by not giving him respect. Further, she used to make and forward reels on social media and also had an illicit relationship with one Mashaksab Naikodi (accused No. 5). She also used to talk repeatedly over phone and WhatsApp. Whenever Mahibub went to her house to call her back, Bibi Fatima (accused No. 1) and her family members (petitioner Nos. 2 to 4) picked up a quarrel with him and refused to send her with him. They also claimed that the two children born to Bibi Fatima did not belong to him.
10. These being the facts, on 02.02.2026 at 10:00 a.m., Mahibub shared a message on Facebook that the petitioners were ill-treating him and that he had taken the decision to commit suicide. Thereafter, he switched off his phone. His whereabouts were not known. Subsequently, on the same day at about 9:00 p.m., Mahibub informed that he was in Kembhavi and had lost everything, and thereafter his phone was switched off. He could not be found for three days. -6-
NC: 2026:KHC-K:2824 CRL.P No. 200436 of 2026 HC-KAR Thereafter, on 05.02.2026, his dead body was found hanging in his house at Hanchali village. Therefore, the complainant filed a complaint before the PSI of Devar-Hipparagi Police Station alleging that the petitioners picked up a quarrel with him, ill- treated him physically and mentally, and abetted Mahibub to commit suicide, and that as a result, unable to tolerate the ill- treatment, he committed suicide sometime between 02.02.2026 and 05.02.2026.
11. On the basis of this complaint, the police have registered the case in Crime No. 23/2026 and submitted the FIR report. It is the prosecution's case that the deceased wrote a death note and shared messages on Facebook. The death note has to be sent to the FSL and a report must be obtained. Upon perusal of the materials placed before this Court at this stage, it appears that there are prima facie materials to constitute the offence punishable under Section 306 of the IPC, which is non-bailable in nature. The petitioners are required for custodial interrogation. Considering the nature and gravity of the offences, I proceed to pass the following: -7-
NC: 2026:KHC-K:2824 CRL.P No. 200436 of 2026 HC-KAR ORDER i. The Criminal Petition is dismissed.
Sd/-
(G BASAVARAJA) JUDGE TIN List No.: 1 Sl No.: 3 CT-BH