Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11053 CRL.P No. 244 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 244 OF 2025 BETWEEN:
BISWARANJAN PATRA S/O BASANTHA KUMAR PATRA, AGED ABOUT 27 YEARS, R/AT KUDIA, NEAR SUB DURGADEVI, POST DURGADEVI, MITRAPURA, NILGIRI, BELESWAR, ODISHA.
PRESENTLY R/AT NO.426, 1ST FLOOR, MANJUNATH NAGAR, BENGALURU 560 010.
(PRESENTLY IN J.C.) …PETITIONER (BY SRI. NATARAJU T, ADVOCATE) AND:
THE STATE OF KARNATAKA BY H.A.L. POLICE STATION, BENGALURU NOW REPRESENTED BY S.P.P., HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT N ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.907/2024 FOR THE OFFENCE P/U/S 351(2),80(2),108,3(5) OF BNS AND SEC.3,4 OF D.P ACT AND SEC.3 AND 4 OF D.P ACT WHICH IS PENDING BEFORE THE XXIX ADDL.C.J.M BENGALURU CITY AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by PRAMILA G V Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:11053 CRL.P No. 244 of 2025
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.907/2024 registered by H.A.L. Police Station, Bengaluru City for the offences punishable under Sections 108, 3(5), 351(2), 80(2) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Sections 3 and 4 of Dowry Prohibition Act, 1961 (for short 'DP Act') is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking regular bail.
2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent - State.
3. FIR in Crime No.907/2024 was registered by H.A.L. Police Station, Bengaluru City, against the petitioner and others for the aforesaid offences based on the first information dated 30.11.2024 received from Sachidananda Nayak, father of the deceased Srotaparna Nayak. During the course of investigation of the case, the petitioner herein was arrested on 11.12.2024 and subsequently was remanded to judicial custody. Investigation is completed and charge sheet has been filed
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NC: 2025:KHC:11053 CRL.P No. 244 of 2025 against 3 persons. The petitioner is arrayed as accused No.1. in the charge sheet.
4. The bail application filed by the petitioner under Section 483 of BNSS before the jurisdictional Court in Crl.Misc.No.11600/2024 was dismissed on 30.12.2024. It is under these circumstances, the petitioner is before this Court seeking regular bail.
5.
Learned counsel for the petitioner reiterated the grounds urged in the petition and prays for grant of regular bail.
6. Per contra, learned High Court Government Pleader has seriously opposed the bail petition and prays for dismissal of the petition.
7. Perusal of the material on record would go to show that the marriage of the petitioner and the deceased who is the daughter of the first informant was a love marriage. It appears that since elders of the family were not agreeable for the marriage, the petitioner and the deceased had got married on 21.06.2021 at Odisha before the Registrar of Marriage. In the first information, it is alleged that the marriage between the
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NC: 2025:KHC:11053 CRL.P No. 244 of 2025 petitioner and the deceased was thereafter arranged by the family members. Allegation in the first information is that at the time of marriage dowry was paid to the petitioner. Perusal of the averments made in the first information would go to show that there is no such allegation that the deceased was being harassed by the petitioner and his family members in the matrimonial house of the deceased in furtherance of the demand for payment of dowry. Deceased had committed suicide in her matrimonial house and immediately thereafter the petitioner had brought the same to the notice of the first informant, who had rushed to Bangalore and after seeing the dead body of his daughter had submitted first information which has resulted in registration of FIR against the petitioner and other family members.
8. The petitioner is in custody from 11.12.2024. Investigation in the case is complete and charge sheet has been filed. Considering the aforesaid aspects of the matter, I am of the opinion that petitioner's prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following:
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NC: 2025:KHC:11053 CRL.P No. 244 of 2025
ORDER The Criminal Petition is allowed. Accused No.1 is directed to be released on bail in respect of Crime No.907/2024 registered by H.A.L. Police Station, Bengaluru City for the offence punishable under Sections 108, 3(5), 351(2), 80(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961, subject to the following conditions:- a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future;
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NC: 2025:KHC:11053 CRL.P No. 244 of 2025 e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against his is disposed off.
Sd/- (S VISHWAJITH SHETTY) JUDGE GVP List No.: 1 Sl No.: 28