- 1 - NC: 2025:KHC-K:207 CRL.P No. 201579 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 201579 OF 2024 (439(Cr.PC)/483(BNSS)-) BETWEEN: 1. MOHAMMED ISMAIL S/O MOHAMMED HAYAT, AGED ABOUT 26 YEARS, OCC: AGRICULTURE, R/O: GHODWADI, TALUK: HUMNABAD, DISTRICT: BIDAR. 2. MOHAMMED HAYAT S/O MOHAMMED MASTAN SAB, AGED ABOUT 53 YEARS , OCC: AGRICULTURE, R/O GHODWADI, TALUK: HUMNABAD, DISTRICT: BIDAR. …PETITIONERS (BY SRI. GURURAJ V. HASILKAR, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH HUMNABAD POLICE STATION, DISTRICT: BIDAR, THROUGH ADDL.S.P.P. HIGH COURT OF KARNATAKA BENCH AT KALABURAGI. …RESPONDENT (BY SRI. SHAHABUDDIN JAMADAR, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 OF BNSS 2023) OF CR.P.C PRAYING TO ALLOW THIS BAIL PETITION AND RELEASE THE PETITIONER NO.1 & 2 ON BAIL IN CC NO.3893/2024 IN CRIME NO.103/2024 BEFORE HUMNABAD POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 108, 3(5), 80(2), 85 OF BNS, AS THE SAID CASE Digitally signed by VEDAVATHI A K Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:207 CRL.P No. 201579 of 2024 WAS COMMITTAL ON 26.11.2024 BEFORE THE SESSION COURT BASAVAKALYAN DISTRICT JUDGE FROM HUMNABAD JMFC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K NATARAJAN ORAL ORDER (PER: HON'BLE MR. JUSTICE K NATARAJAN) Learned HCGP takes notice for the respondent. 2. This petition is filed by the petitioner/accused No.1 under section 483 of BNSS for granting regular bail in Crime No.103/2024 registered by Humnabad Police station and charge sheeted for the offences punishable under Sections 108, 3(5), 80(2), 85 of BNS Act. 3. Heard the arguments of learned counsel for the petitioner and learned HCGP for the State. 4. The case of the prosecution is that on the complaint filed by the father of the deceased, one Tajoddin, the police registered the FIR on 09.07.2024 where it is alleged that his younger daughter Saniya aged about 20 years was married to - 3 - NC: 2025:KHC-K:207 CRL.P No. 201579 of 2024 this petitioner on 26.02.2024 as per the Mohammedan rites and customs. After the marriage, the deceased was taken to the house of the accused Nos.1 to 3, to Hyderabad. Later they sent her back to her parents house and demanded Rs.5 lakhs cash and a bullet motor cycle, as dowry. Thereafter the accused No.1 said to be telephoned to the daughter often and often and demanded gold, as well as the motor bike. The accused No.3, mother of accused No.1 said to have threatened about another marriage to the accused No.1, as the complainant did not give proper dowry at the time of marriage. About 2 to 3 days prior to the incident, the accused No.2 came to the house of the complainant and said to have told that until they give dowry articles within 2 to 3 days, they will not take her back to the matrimonial house. But on the 08.07.2024 in the night hours, the deceased contacted her husband, the present petitioner through mobile and there was verbal quarrel between them in the mobile and the deceased threw the mobile phone and broke it. Subsequently, she was under depression. Later, on 09.07.024 at about 10.00 a.m., the daughter of the complainant committed suicide in the house. The police after registering the FIR, apprehended the arrest of the accused, this - 4 - NC: 2025:KHC-K:207 CRL.P No. 201579 of 2024 petitioner and accused No.2 approached this court for anticipatory bail in Crl.P.No.201005/2024 filed under Section 482 of Bharatiya Nagarika Suraksha Sanhita, 2023, (BNSS) which came to be dismissed on 08.08.2024. Subsequently, the police said to have arrested this petitioner on 20.08.2024, he is in custody. His bail petition came to be rejected by the Sessions Judge. Hence, he is before this court. 5. Having heard the arguments and perused the records, the arguments, which reveals ofcourse within one year of marriage, the wife of this petitioner committed suicide by hanging in the matrimonial house and there was prior demand of dowry by the accused persons. Previous bail application for anticipatory came to be rejected by this court. Now he is in custody for more than 3 months, the police have investigated the matter and charge sheet has been filed. The co-accused were already granted bail by the Sessions Judge, except this petitioner, other accused are on bail. The alleged offence is not punishable with death or imprisonment for life and the allegation is abatement of commission of suicide by this petitioner as against the deceased. The post-martum examination report was also produced and there is no other - 5 - NC: 2025:KHC-K:207 CRL.P No. 201579 of 2024 external injuries to the deceased other than the asphyxia, as a result of suicidal hanging, which was in the house of the parents of the deceased. Therefore, considering the facts and circumstances of the case, when the petitioner is in custody for more than 3 moths, charge sheet has been already filed long back, the matter which is yet to go for trial. Therefore, by imposing certain conditions, if bail is granted, no prejudice would cause to the prosecution case. Hence, the following order: Order The Criminal petition is allowed. The committal court/trial court is directed to release the petitioner/accused No.1 on bail in Crime No.103/2024 registered by Humnabad Police station, subject to the following conditions: (i) Petitioner-accused No.1 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the trial Court/Committal Court; - 6 - NC: 2025:KHC-K:207 CRL.P No. 201579 of 2024 (ii) Petitioner shall not indulge in similar offences strictly; (iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly; (iv) Petitioner shall not leave the jurisdiction without prior permission of the trial Court. (v) Petitioner shall take the trial without causing any delay. If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of this bail order. Sd/- (K NATARAJAN) JUDGE AKV List No.: 19 Sl No.: 1 CT:SK