- 1 - HC-KAR NC: 2025:KHC-K:2774 CRL.P No. 200617 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.200617 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: VIKRAM S/O PRAKASH CHAVAN, AGE: 30 YEARS, OCC: COOLIE, R/O ALUR TANDA NO.2, TQ. INDI, DIST. VIJAYAPURA-586101. …PETITIONER (BY SRI SANJAY A. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH, INDI RURAL POLICE STATION, INDI CIRCLE, DIST. VIJAYAPURA-586101, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585103. …RESPONDENT (BY SMT. ARATI PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, 2023, PRAYING TO ALLOW THE PETITION, THERE BY ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CRIME NO.177/2024 REGISTERED BY INDI RURAL POLICE STATION, Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2774 CRL.P No. 200617 of 2025 DISTRICT VIJAYAPURA CHARGE SHEETED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 85, 103(1), 80 R/W 3(5) OF BNS, 2023 AND SECTIONS 3 AND 4 OF D.P. ACT, 1961, PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, INDI, DISTRICT VIJAYAPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Sanjay A. Patil, learned counsel for the petitioner and Smt. Arati Patil, learned High Court Government Pleader for the respondent/State. 2. The present petition is filed under Section 483 of the BNSS, 2023 with the following prayer: “WHEREFORE, it is most respectfully prayed that this Hon’ble Court be pleased to allow the petition, there by enlarge the Petitioner/Accused No.1 on bail in Crime No.177/2024 registered by Indi Rural Police Station, District Vijayapura charge sheeted for the offences punishable u/Secs. 85, - 3 - HC-KAR NC: 2025:KHC-K:2774 CRL.P No. 200617 of 2025 103(1), 80 R/w 3(5) of BNS -2023 and Sec. 3 and 4 of D.P. Act, 1961, pending on the file of Addl. Civil Judge and JMFC Indi, District Vijayapura, in the interest of justice.” 3. The facts in brief which are utmost necessary for disposal of the present petition are as under: Based on the complaint lodged by Gumabai W/o Kamu Rathod, Indi Rural Police, Vijayapur District have registered a case in Crime No.177/2024 on 31.07.2024 for the offences punishable under Sections 85, 103(1), 80 read with Section 3(5) of the BNS Act, 2023 and Sections 3 and 4 of the D.P. Act. 4. The gist of the complaint averments reveal that the petitioner being the husband of the deceased, who is the daughter of the complainant, married the daughter of the complainant as per the rites and customs of the parties and they had a child. 5. It was the practice that the petitioner, deceased and their child used to meet the parents of the petitioner - 4 - HC-KAR NC: 2025:KHC-K:2774 CRL.P No. 200617 of 2025 every Sunday and as such he moved in his car towards his parents place on 30.07.2024. It is alleged that deceased had low blood pressure and therefore leaving the child in the parent's place, petitioner took his wife in the car for medical aid. However, it is found that wife of the petitioner was dead and after seeing the dead body, the mother of the deceased lodged a complaint expressing the unnatural death of her daughter and petitioner being the responsible for the same on account of the demand of dowry. The police registered the case and investigated the matter and filed final report. 6. The postmortem examination report being the part of the final report, discloses that there is finger nail confusion over the left side of the neck measuring 2 cm x 1 cm and so also there is a contusion over both the lips and head and face show intense congestion; prima facie, suggesting, the death is due to strangulation. Anyway these are all the matters which are to be looked into by the Trial Judge during the trial. - 5 - HC-KAR NC: 2025:KHC-K:2774 CRL.P No. 200617 of 2025 7. Prima facie, materials would reveal that the deceased was found in the company of the petitioner in the guise of taking her for treatment in his car and thereafter she was found dead. There was no complaint lodged by the petitioner himself about the death of his wife. 8. These factors prima facie would go to show that the petitioner is bound to explain certain things during the trial and moreover, having regard to the fact that the petitioner is alleged with the offence of dowry death, there is a presumption in favour of the prosecution which has to be rebutted by the petitioner during the trial. 9. Taking note of these aspects of the matter, this Court is of the considered opinion that the grounds urged in the bail petition would not merit atleast at this stage. 10. It is always open for the petitioner to renew his request with a successive bail application, if there is a - 6 - HC-KAR NC: 2025:KHC-K:2774 CRL.P No. 200617 of 2025 positive change of circumstance in the case of the petitioner after the material witnesses are examined. 11. Reserving such liberty to the petitioner, the following: ORDER The criminal petition dismissed. Sd/- (V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 8 CT:PK