Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11483 CRL.P No. 3418 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3418 OF 2025 BETWEEN:
DHANUSH R S/O C.P. RUDRAPPA AGED ABOUT 32 YEARS RESIDING AT NO. 27, 3RD MAIN ROAD NEAR GANESHA TEMPLE, SHANTHINAGAR TUMAKURU CITY. …PETITIONER (BY SRI SATYANARAYANA S. CHALKE, ADV., FOR SRI NAGARAJU, ADV.) AND:
STATE OF KARNATAKA BY POLICE INSPECTOR TUMAKURU WOMEN POLICE STATION TUMAKURU SUB DIVISON TUMAKURU. REPRESNTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP)
THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.14/2025 IN CRL.MISC.NO.246/2025, FOR THE OFFENCES P/U/S 85,108,351(2) OF BNS, 2023, U/S 3(5) OF D.P ACT, PENDING ON THE HONBLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT TUMAKURU.
Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:11483 CRL.P No. 3418 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
1. Accused No.1 in Crime No.14/2025 registered by Tumakuru Women Police Station, Tumakuru, for the offences punishable under Sections 85, 108, 351(2) and 3(5) of BNS, 2023 and Section 3 of the Dowry Prohibition Act, 1961, is 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.14/2025 was registered by Tumakuru Women Police Station, Tumakuru, for the aforesaid offences against the petitioner and four others based on the first information dated 04.02.2025 received from Goudappa, who is the father of deceased Pooja. During the course of investigation, petitioner herein was arrested on 07.02.2025 and subsequently, remanded to judicial custody. Bail application filed by him before the jurisdictional Sessions Court in Crl.Misc.No.246/2025 was rejected on 22.02.2025. Therefore, he is before this Court.
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NC: 2025:KHC:11483 CRL.P No. 3418 of 2025
4.
Learned counsel for the petitioner submits that there is an inordinate delay in submitting the first information. Petitioner has no other criminal antecedents. Proceedings as against accused Nos.2 to 5 has been stayed by the Co-ordinate Bench of this Court in W.P.No.3821/2025.
5. Per contra, learned HCGP has opposed the petition.
6. A perusal of the material on record would go to show that petitioner herein is the husband of deceased Pooja and their marriage was solemnized on 27.11.2020. It appears that deceased had committed suicide on
29.11.2024. First information in the present case is belatedly lodged on 04.02.2025 which is after a delay of more than two months. Further proceedings in the present case as against accused Nos.2 to 5 has been stayed by the Co-ordinate Bench of this Court in W.P.No.3821/2025. Petitioner is in custody from
07.02.2025. Undisputedly, he has no other criminal antecedents. Considering the aforesaid aspects of the matter and also the allegations found in the first information, I am of the opinion that the prayer made by the petitioner for grant of
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NC: 2025:KHC:11483 CRL.P No. 3418 of 2025
regular bail needs to be answered affirmatively. Accordingly, the following order:-
7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.14/2025 registered by Tumakuru Women Police Station, Tumakuru, for the offences punishable under Sections 85, 108, 351(2) and 3(5) of BNS, 2023 and Section 3 of the Dowry Prohibition Act, 1961, subject to the following conditions:
a) Petitioner shall execute a 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;
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NC: 2025:KHC:11483 CRL.P No. 3418 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
DN