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2025 DAILYLAW 18397 (KAR)

SRI SRIRAMAPPA v. THE STATE OF KARNATAKA BY NANGLI POLICE STATION

CRL.P/2843/2025 · 2025-03-18

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:11236 CRL.P No. 2843 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. 2843 OF 2025 BETWEEN: 1. SRI SRIRAMAPPA S/O LATE CHANGAPPA AGED ABOUT 67 YEARS. 2. SMT LAKSHMIDEVAMMA W/O SRIRAMAPPA AGED ABOUT 57 YEARS. BOTH ARE R/AT KARDIGANAHALLI VILLAGE, MULBAGLU TALUK KOLAR DISTRICT. …PETITIONERS (BY SRI SHIVASHANKAR K, ADV.) AND: THE STATE OF KARNATAKA BY NANGLI POLICE STATION, MULBAGLU CIRCLE KOLAR DISTRICT, REP BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN BAIL IN CRIME NO.179/2024, ADDL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, MULBAGAL KOLAR DISTRICT, FOR THE ALLEGED OFFENSE AGAINST THEM FOR FOR THE OFFENCES Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:11236 CRL.P No. 2843 of 2025 PUNISHABLE UNDER SECTION 80(2), 85, 3(5), 304(b), 498(a) AND 34 OF IPC OF BNS ACT 2023 AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT IN NANGLI POLICE STATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.2 and 3 in Crime No.179/2024 registered by Nangli Police Station, Kolar, for the offences punishable under Sections 80(2), 85 and 3(5) of BNS, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, 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.179/2024 was registered by Nangli Police Station, Kolar, for the aforesaid offences against Puttaraju and three others based on the first information dated 21.12.2024 received from Praveen Kumar K V, who is the brother of deceased Smt.Gangothri. During the course of investigation, petitioners herein, who are parents of accused No.1 were arrested on 21.12.2024. Their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.36/2025 was rejected on 17.01.2025. Therefore, they are before this Court. - 3 - NC: 2025:KHC:11236 CRL.P No. 2843 of 2025 4. A perusal of the material on record would go to show that the marriage of the deceased Gangothri with accused No.1 was solemnized about 4 years prior to the date of registration of FIR. It is alleged that after marriage, deceased was not properly taken care of in her matrimonial house and there was demand made by accused persons for bringing additional dowry. It is alleged that deceased had a cow, which she had sold and the said money was with her and accused persons were demanding for the said money and were torturing her. On 20.12.2024, first informant learnt that his sister had died and immediately, thereafter, he had gone to the matrimonial house of the deceased and found marks on the body of the deceased and therefore, he suspected the cause of death and accordingly, had approached the police. In the first information, there are no specific overt acts alleged against the petitioners herein, who are the parents of accused No.1. Petitioners are in custody from 21.12.2024. Major portion of the investigation in the case is completed. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- - 4 - NC: 2025:KHC:11236 CRL.P No. 2843 of 2025 5. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.179/2024 registered by Nangli Police Station, Kolar, for the offences punishable under Sections 80(2), 85 and 3(5) of BNS, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN