(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI) Petitioner who is arraigned as accused No.2 has filed this petition under Section 482 of Bharatiya Nagarika Suraksha Samhita (BNSS) is seeking anticipatory bail in crime No.86/2024 for the offences punishable under Sections 103 , 238 , 49 , 329(4) , 75 , 3(5) of the Bharatiya Naya Samhita (BNS).

2. In support of the petition, the petitioner has contended that, at the first instance complainant filed a missing complaint on 30.07.2024 in crime No.84/2024 stating that his wife has left the house without informing anyone. Subsequently, the present complaint is filed making false allegations against accused No.1 and the petitioner. Petitioner is innocent of the allegations made. The second complaint is filed only to frame the petitioner and his son. No specific allegations are made against the petitioner. He is apprehending his arrest. Petitioner is a -3- NC: 2024:KHC-D:15755 CRL.P No. 103244 of 2024 permanent resident of the address given in the cause title. He is ready and willing to by any conditions that may be imposed and offer substantial surety to the satisfaction of the trial court and hence, the petition.

3. Learned HCGP submitted oral objections stating that on 30.07.2024 complainant filed a missing complaint stating that in his house, he, his mother Kashavva, wife Manjula and three children are staying. He is a contractor. About four years back, his wife Manjula has suffered galishaka (Psychological problem) and in this connection, they have visited Ukkadagatri. On 29.07.2024 at 6.00 p.m., he left the house to attend the death ceremony of a relative at Kalaghatagi. He returned around 9.30 p.m. and found that his wife is not present in the house. His mother and children were also not knowing where she has gone. Along with the his neighbours Ashok Kunkur and Fakeerappa Barker, he searched for her everywhere, including at Kunkoor, Malali, Ramanakoppa Yaliwal villages. He also telephoned his relatives to -4- NC: 2024:KHC-D:15755 CRL.P No. 103244 of 2024 ascertain whether his wife has gone to their place and ultimately filed the missing complaint. Based on the same, concerned police registered the case.

3.1 However, on 08.08.2024 he filed one more complaint stating that on 29.07.2024, evening Sidhu (Siddarameshwar) had trespassed into his house and was forcing complainant's wife to have illicit relationship with him. When complainant's mother Kaashavva and one Nilavva shouted loudly, he ran away from the house. On the same day, complainant and other members of his family excluding his wife attended the funeral ceremony of their relative at Kalaghatagi. When he returned home, he found his wife was missing. In this regard, he has filed a missing complaint on 30.07.2024. However, after 10 days, i.e., on 08.08.2024 her dead body was found in Bennihalla. He suspected the involvement of accused No.1 and his father i.e., accused No.2 who has instigated him, and hence, the complaint.

NC: 2024:KHC-D:15755 CRL.P No. 103244 of 2024 3.2 Based on the complaint, the concerned police have registered the case for the offences punishable under Sections 103 , 238 , 49 , 329(4) , 75 , 3(5) of the Bharatiya Naya Samhita (BNS) and taken up investigation. From the date of the incident, the petitioner has absconded. His custodial presence is required for investigation. Having regard to the gravity of the allegations made, in the event of granting bail, there is a likelihood of petitioner threatening and tempering with the witnesses. He may also abscond and thereby delay, defeat the investigation and trial, and pray to reject the petition.

4. Held arguments and perused the record.

5. It is the specific case of the prosecution that the deceased-wife of the complainant was suffering from psychological problem. On 29.07.2024, accused No.1 entered her house and was forcing her to have illicit relationship with him. When mother and another person shouted at him, he ran away from the house. Deceased was found missing from that day onwards. After searching -6- NC: 2024:KHC-D:15755 CRL.P No. 103244 of 2024 for her everywhere, complainant lodged missing complaint. However, on 08.08.2024, dead body was found in Bennihalla, after which the complainant filed the present complaint alleging involvement of accused Nos.1 and 2 in the death of his wife. Accused No.1 is none other than the son of the present petitioner. The allegations against the petitioner are that he instigated his son i.e., accused No.1 to kill the deceased. It is not clear whether accused No.1 is arrested or not. Anyhow, the allegations against the petitioner are very grave. Having regard to the nature of the offence, the custodial interrogation of the petitioner is very essential. Consequently, this is not a fit case to grant anticipatory bail to the petitioner, and accordingly, the following;

ORDER Petition filed by Petitioner/accused number 2 is hereby rejected.

(J.M.KHAZI) JUDGE MBS, CT: UMD List No.: 1 Sl No.: 33