Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13127 CRL.P No. 3829 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3829 OF 2025 BETWEEN:
SRI BASAVARAJA S/O CHANDRAPPA AGED ABOUT 41 YEARS AGRICULTURIST R/O RAMAGIRI VILLAGE HOLALKERE TALUK CHITRADURGA DISTRICT - 577 539. …PETITIONER (BY SRI SHASHANK T.L, ADV., FOR SRI GOPALAKRISHNAMURTHY C, ADV.) AND:
STATE BY HOLALKERE P.S.
R/BY S.P.P, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE ABOVE PETITION BY RELEASING THE PETITIONER ON REGULAR BAIL IN CR.NO.46/2025 REGISTERED BY THE RESPONDENT POLICE (HOLALKERE P.S) PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND J.M.F.C COURT HALALKERE, CHITRADURGA DISTRICT FOR THE OFFENCE P/U/S 108,3(5) OF BNS ACT 2023. Digitally signed by NANDINI MS Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:13127 CRL.P No. 3829 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.46/2025 registered by Holalkere Police Station, Chitradurga District, for the offences punishable under Sections 108, 3(5) of BNS, 2023, 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.46/2025 was registered by Holalkere Police Station, Chitradurga District, for the aforesaid offences against the petitioner and another based on the first information dated 11.02.2025 received from Chandrappa who is the father of deceased Vishalakshi. During the course of investigation, petitioner herein was arrested on 12.02.2025. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.193/2025 was dismissed on
01.03.2025. Therefore, he is before this Court. - 3 -
NC: 2025:KHC:13127 CRL.P No. 3829 of 2025
4. Perusal of the material on record would go to show that petitioner is the husband of deceased Vishalakshi and they had got married about 13 years prior to the registration of FIR. It is stated in the first information that the said marriage was a love marriage and from the wedlock, the couple have a daughter aged about five years.
It is further stated that Vishalakshi was ill-treated in her matrimonial home, and therefore, she had committed suicide on 11.02.2025 in her matrimonial home. 5. Petitioner has been arrested in the present case on
12.02.2025. The maximum punishment for the alleged offences is imprisonment for a period of 10 years. Petitioner has no criminal antecedents. Considering the nature of allegations found in the first information and also since major portion of the investigation is already completed, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:
6. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.46/2025 registered by Holalkere Police Station, Chitradurga District, for the offences punishable
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NC: 2025:KHC:13127 CRL.P No. 3829 of 2025
under Sections 108, 3(5) of BNS, 2023, 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;
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
KK