- 1 - NC: 2025:KHC:6425 CRL.P No. 1053 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1053 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. ANAND M S/O MUNIRAMAPPA, AGED ABOUT 34 YEARS, R/AT: CHOODENAHALLI VILLAGE, KASABA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT-562 106. …PETITIONER (BY SRI. KUMARA K.G., ADVOCATE) AND: STATE OF KARNATAKA BY ANEKAL POLICE STATION, BENGALURU RURAL DISTRICT. REP: SPP, HIGH COURT BUILDINGS, BENGALURU-560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT BAIL TO THE PETITIONER IN CRIME NO.234/2024 OF THE ANEKAL POLICE BENGALURU RURAL DISTRICT FOR THE ALLEGED OFFENCES PUNISHABLE U/S 85, 86, 80, 3(5) OF BNS ACT. SUBSEQUENTLY CHARGE SHEET HAS BEEN FILED IN C.C.NO.7408/2025 NOW COMMITTED TO SESSIONS COURT i.e. III ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT SIT AT ANEKAL. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:6425 CRL.P No. 1053 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, the learned High Court Government Pleader for respondent/State and perused the material on record. 2. Petitioner has preferred this petition praying to enlarge him on bail in Cr.No.234/2024 of Anekal Police Station, Bengaluru District, registered for offences punishable under Section 85, 86, 80 r/w 3(5) of BNS, 2023. 3. Complaint is lodged by Smt.Chandramma, mother of deceased Suma. Initially, case was registered against the petitioner and his parents. While filing charge sheet, accused Nos.2 and 3 named in the FIR have been dropped. Charge sheet is filed against the petitioner alone for offences punishable under Section 80, 85, 86 of BNS, 2023 and Section 3 and 4 of Dowry Prohibition Act. - 3 - NC: 2025:KHC:6425 CRL.P No. 1053 of 2025 4. It is the case of prosecution that, marriage of complainant’s daughter suma was solemnized with the petitioner on 17.5.2020. At the time of marriage, gold mangalya chain, a gold necklace, 4 gold rings, one pair of hangings and mati were given to the bride and a gold chain and a gold ring were given to the bridegroom. After the marriage, complainant’s daughter started residing in her matrimonial house at Choodenahalli village along with her husband and in-laws. In the wedlock, a male child was born, which was aged 3½ years at the time of incident. The petitioner used to come home drunk and harass the deceased. He pledged all the gold ornaments of the deceased and used to quarrel with her. Further, he was demanding Rs.2 lakhs from the deceased. In this connection he was subjecting her to physical and mental cruelty. Unable to bear the said cruelty, she committed suicide by hanging in her matrimonial house on 3.7.2024 at about 3.00 a.m. - 4 - NC: 2025:KHC:6425 CRL.P No. 1053 of 2025 5. The incident took place on 3.7.2024. The material on record reveal that it is the petitioner himself who took the victim, initially to the Government hospital, Anekal and from there to one Oxford Hospital, however, she died around 4.55 a.m. on 3.7.2024. 6. In the complaint lodged by the victim’s mother, she has not alleged any dowry demand by the accused at the time of marriage. She has alleged that even after one year from the date of marriage, petitioner was not sending her daughter to her parental home and even when she was pregnant, the petitioner did not send her and he was not allowing her to talk to her parents. 7. The learned High Court Government Pleader has contended that death has taken place in the matrimonial house within 7 years of the marriage and therefore, presumption arises that the petitioner has caused the dowry death. However, at this stage, considering that there is no allegation at the earliest point - 5 - NC: 2025:KHC:6425 CRL.P No. 1053 of 2025 of time regarding demand of dowry by the accused and also considering that the petitioner himself shifted the victim to the hospital, the relief sought in the petition can be granted by imposing conditions. Investigation is completed and charge sheet is also filed. Petitioner is in judicial custody from 9.7.2024. He is not required for further interrogation. Hence, the following: ORDER I. Petition is allowed. II. Petitioner/accused No.1 in Crime No.234/2024 of Anekal Police Station, Bengaluru Rural District, pending in S.C.No.5066/2024 on the file of the Court of the III Additional District and Sessions Judge, Bengaluru Rural District, (sitting at Anekal), shall be enlarged on bail, subject to following conditions: 1. He shall execute a 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. - 6 - NC: 2025:KHC:6425 CRL.P No. 1053 of 2025 2. He shall furnish his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 45 Ct:ar