- 1 - NC: 2025:KHC:11173 CRL.P No. 2109 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. 2109 OF 2025 BETWEEN: 1. SRI N MANI S/O NAGARAJ AGED ABOUT 27 YEARS R/A K.G. GOLLARAPALYA YOGAVANA BETTA, BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT - 562 109. 2. SRI. NAGARAJ S/O NARAYANAPPA AGED ABOUT 52 YEARS R/A K.G. GOLLARAPALYA BIDADI HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT - 562 109. …PETITIONERS (BY SRI S.P. RAMESHA, ADV.) AND: STATE OF KARNATAKA BY HAROHALLI POLICE STATION, HAROHALLI, KANAKAPURA, RAMANAGARA DISTRICT-562112. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.13/2025 REGISTERED BY THE RESPONDENT POLICE FOR THE OFFENCE P/U/S 80(2) R/W 3(5) OF BNS 2023 PENDING ON THE FILE OF PRL.CIVIL JUDGE AND J.M.F.C AT KANAKAPURA BY ALLOWING THIS PETITION. Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11173 CRL.P No. 2109 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 2 in Crime.No.13/2025 registered by Harohalli Police Station, Ramanagara District for the offences punishable under Section 80(2) R/w 3(5) of BNS, 2023 are before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime.No.13/2025 was registered by Harohalli Police Station, Ramanagara District against the petitioners herein and another for the aforesaid offences, on the basis of the first information dated 13.01.2025 submitted by Sri Nagaraju S/o Late Govindaiah, who is the father of deceased Smt.Mamatha. During the course of investigation, the petitioners were arrested on 14.01.2025 and remanded to judicial custody. 4. The bail application filed by the petitioners before the jurisdictional Sessions Court in - 3 - NC: 2025:KHC:11173 CRL.P No. 2109 of 2025 Crl.Misc.No.5038/2025 was rejected on 01.02.2025. Therefore, they are before this Court. 5. Learned counsel appearing for petitioners after arguing the matter for some time submits that the petition may be dismissed as not pressed as against petitioner No.1/accused No.1 with liberty to file a fresh petition, after charge sheet is filed. He submits that there are no specific overt acts as against petitioner No.2/accused No.2, who is aged about 52 years and he is in custody for the last more than two months. Accordingly, he prays to allow the petition. 6. Per contra, the learned HCGP has opposed the bail application on the ground that investigation is under progress. 7. Perusal of the material on record would go to show that marriage of the deceased Mamatha with accused No.1 was solemnized 9 months prior to the alleged date of incident in the present case. In the first information it is alleged that at the time of marriage dowry - 4 - NC: 2025:KHC:11173 CRL.P No. 2109 of 2025 was given to accused No.1 as per demand and initially for a period of three months accused persons were properly taking care of deceased Mamatha in the matrimonial house and subsequently they started ill-treating her in furtherance of demand for additional dowry. Specific overt acts are found as against accused No.1 with regard to demand of Rs.30,000/- from his father-in-law, who has paid a sum of Rs.10,000/- pursuant to demand made by accused No.1. 8. Insofar as petitioner No.2/accused No.2, who is who is father of accused No.1, there are general and omnibus allegations. He is in custody from 14.01.2025. Learned HCGP submits that major portion of the investigation is completed. Under these circumstances, I am of the opinion that prayer made by petitioner No.2/accused No.2 for grant of regular bail requires to be answered affirmatively. 9. Accordingly, the following: - 5 - NC: 2025:KHC:11173 CRL.P No. 2109 of 2025 ORDER The Criminal Petition is allowed in part. The Criminal Petition is dismissed as withdrawn as against petitioner No.1/accused No.1 with liberty as prayed for. The Criminal Petition is allowed insofar as it relates to petitioner No.2/accused No.2 is concerned. Petitioner No.2/accused No.2 is directed to be enlarged on bail in Crime.No.13/2025 registered by Harohalli Police Station, Ramanagara District for the offence punishable under Section 80(2) R/w 3(5) of BNS, 2023 subject to the following conditions: a) Petitioner No.2/accused No.2 shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) Petitioner No.2/accused No.2 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; - 6 - NC: 2025:KHC:11173 CRL.P No. 2109 of 2025 c) Petitioner No.2/accused No.2 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioner No.2/accused No.2 shall not involve in similar offences in future; SD/- (S VISHWAJITH SHETTY) JUDGE NMS