Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:12098 CRL.P No. 3496 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.3496 OF 2025
BETWEEN:
1.
SRI. DHIRAJ GUPTA S/O SUBEDHAR GUPTA AGED ABOUT 28 YEARS R/AT. BHAGYAMMA'S TENTED HOUSE 12TH CROSS, 11TH MAIN GARVEBHAVIPALYA, BENGALURU.
2.
SRI. SUNIL KUMAR GUPTA S/O SUBEDHAR GUPTA AGED ABOUT 29 YEARS R/AT. BHAGYAMMA'S TENTED HOUSE 12TH CROSS, 11TH MAIN GARVEBHAVIPALYA, BENGALURU.
…PETITIONERS (BY SRI. MANOJ S.N. ADV., FOR SRI. KIRAN KUMAR M, ADV.,)
AND:
STATE OF KARNATAKA BY BOMMANAHALLI POLICE STATION REPRESENTED BY THE S.P.P.
OFFICE OF THE ADVOCATE GENERAL HIGH COURT BUILDING BENGALURU - 560001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP)
Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka
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NC: 2025:KHC:12098 CRL.P No. 3496 of 2025
THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON REGULAR BAIL IN CRIME NO.23/2025 REGISTERED BY THE BOMMANAHALLI POLICE / RESPONDENT FOR THE ALLEGED O/P/U/S 85, 108 AND 3(5) OF BNS ACT, 2023 PENDING ON THE FILE OF CHIEF JUDICIAL MAGISTRATE, BENGALURU.
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 & 2 in Crime No.23/2025 registered by Bommanahalli Police Station, Bengaluru City, for the offences punishable under Sections 85, 108, 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, are before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.23/2025 was registered by Bommanahalli Police Station, Bengaluru City, for the aforesaid offences against the petitioners herein based on the first information dated 16.01.2025 received from Shyamkumari, who is the sister of deceased Ankita Sahu.
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NC: 2025:KHC:12098 CRL.P No. 3496 of 2025
During the course of investigation, accused Nos.1 & 2 were arrested on 18.01.2025 and subsequently remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.1056/2025 was rejected on 01.03.2025. Therefore, they are before this Court.
4.
Learned counsel for the petitioners having reiterated the grounds urged in the petition prayed to allow the petition.
5. Per contra, learned High Court Government Pleader has opposed the petition.
6. Perusal of the material on record would go to show that accused No.1 is the husband of deceased Ankita Sahu and their marriage was performed on 07.05.2023. The material on record would go to show that accused No.2, who is the elder brother of accused No.1, is residing separately with his family members. The deceased has committed suicide by hanging herself on 16.01.2025. The
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NC: 2025:KHC:12098 CRL.P No. 3496 of 2025
allegation in the first information against the accused persons is that they had ill-treated the deceased for petty reasons and that had resulted in deceased committing suicide on 16.01.2025. Petitioners, who have no other criminal antecedents, are in custody from 18.01.2025.
7. Learned HCGP submits that the investigation of the case is already completed. Considering the nature of averments found in the first information and also the stage of investigation, I am of the view that without expressing any opinion on the merits/demerits of the case, the prayer of the petitioners for grant of regular bail needs to be answered in the affirmative. Accordingly, the following:
ORDER The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.23/2025 registered by Bommanahalli Police Station, Bengaluru City, for the offences punishable under Sections 85, 108, 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions:
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NC: 2025:KHC:12098 CRL.P No. 3496 of 2025
a) Petitioners shall execute 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 his 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.
e) The petitioners shall not leave the jurisdiction of the Trial Court without the permission of the said court until the case registered against them is disposed off.
Sd/- (S. VISHWAJITH SHETTY) JUDGE
BSR List No.: 1 Sl No.: 45