- 1 - NC: 2025:KHC:14014 CRL.P No. 3266 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.3266 OF 2025 BETWEEN: ARUN KUMAR. D. N. S/O NAGARAJAIAH, AGED ABOUT 30 YEARS, RESIDING AT NO.20, PUSHPA BUILDING, 2ND CROSS, VINAYAKA NAGAR, NAGASANDRA, BENGALURU - 560 073. …PETITIONER (BY SRI. RANGANATHA T.R., ADVOCATE) AND: THE STATE OF KARNATAKA BY PEENYA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) PRAYING TO ALLOW THE PETITIONER AND ENLARGE THE PETITIONER ON BAIL IN CRIME Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14014 CRL.P No. 3266 of 2025 NO.43/2025 OF PEENYA POLICE STATION, FOR THE ALLEGED OFFENCE P/U/S 80 OF BNS. 2023, PENDING ON THE FILE OF THE HON'BLE XXXI ACJM AT BENGALURU CITY. THE LXXI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU HAS DISMISSED THE BAIL PETITION ON 25.02.2025 IN CRL.MISC.NO.910/2025. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Crime No.43/2025 registered by Peenya Police Station, Bengaluru City for the offences punishable under Sections 80 and 85 of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, is before this Court under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023, seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.43/2025 was registered by Peenya Police Station, Bengaluru, initially for the offences punishable under - 3 - NC: 2025:KHC:14014 CRL.P No. 3266 of 2025 Section 80 of the Bharatiya Nyaya Sanhita, 2023, against the petitioner herein and another, based on the first information dated 27.01.2025 received from Smt. Lakshmidevamma, mother of deceased Shashikala. During the course of investigation of the case, the petitioner herein was arrested on 27.01.2025. Investigation of the case is completed and charge- sheet has been filed against two persons. Bail application filed by the petitioner herein before the jurisdictional Sessions Court in Crl.Misc.No.910/2025 was rejected on 25.02.2025. Therefore, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that petitioner has no criminal antecedents and he is in custody from 27.01.2025. Investigation of the case is completed and charge- sheet has been filed. Petitioner is required to take care of his minor child aged about one year. There are no specific allegations of ill-treatment or torturing of the deceased in furtherance of the demand for bringing dowry and accordingly, learned counsel prays for allowing the petition. 5. per contra, learned High Court Government Pleader for respondent opposes the petition on the ground that the - 4 - NC: 2025:KHC:14014 CRL.P No. 3266 of 2025 petitioner's wife has died within a period of seven years from the date of marriage and there is a presumption against the petitioner and accordingly, prays to dismiss the petition. 6. Perusal of the material on record would go to show that marriage of the petitioner with deceased Shashikala was solemnised on 03.05.2022 and from the wedlock, the couple have a child aged about one year. It appears that Shashikala had committed suicide in her matrimonial house on 26.01.2025 by hanging herself. 7. Though in the FIR as well as in the charge-sheet, it is alleged that accused persons were demanding dowry and ill- treating the deceased, no specific instance of any such demand made or ill-treatment has been mentioned. Petitioner has no other criminal antecedents and he is in custody from 27.01.2025. Investigation of the case is completed and charge- sheet has been filed. Petitioner is required to take care of his minor child aged about one year. In the circumstances, I am of the view that without expressing any opinion on the merits or demerits of the case, the prayer for grant of regular bail has to be answered affirmatively. - 5 - NC: 2025:KHC:14014 CRL.P No. 3266 of 2025 8. Accordingly, the petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.43/2025 of Peenya Police Station, Bengaluru City, registered for the offences punishable under Sections 80 and 85 of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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. - 6 - NC: 2025:KHC:14014 CRL.P No. 3266 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 him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE sac List No.: 1 Sl No.: 46