- 1 - NC: 2025:KHC:15673 CRL.P No. 4095 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4095 OF 2025 BETWEEN: MR. IRFAN, S/O LATE MR. MOHAMMED SYED NOOR, AGED ABOUT 33 YEARS, RESIDENT OF GOWRENAHALLI VILLAGE, KASABA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT - 562 106 …PETITIONER (BY SRI. MALLESAPPA L., ADVOCATE) AND: THE STATE OF KARNATAKA BY SARJAPURA POLICE, SARJAPURA, ANEKAL TALUK, BANGALORE DISTRICT, PIN - 562 125, REPRESENTED BY STATE PUBLIC PROSECUTOR …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO DIRECT THE RESPONDENT-POLICE TO RELEASE THE PETITIONER, ON BAIL, IN THE EVENT OF HIS ARREST, BY THE RESPONDENT-POLICE, WHO IS ARRAYED AS ACCUSED NO. 3, IN THEIR CRIME NO. 235/2024 (C.C. NO. 7280/2024, ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND J.M.F.C COURT, ANEKAL, BANGALORE RURAL DISTRICT), FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A AND 304B READ WITH SECTION 34 OF THE INDIAN PENAL CODE AND ALSO UNDER SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT. Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:15673 CRL.P No. 4095 of 2025 THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.3 in Crime No.235/2024 registered by Sarjapura Police Station, Bengaluru, for offences punishable under Sections 498A, 304B read with Section 34 of the Indian Penal Code (for short, 'IPC') and Sections 3 and 4 of Dowry Prohibition Act (for short, 'DP Act') is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.235/2024 was registered by Sarjapura Police Station, Bengaluru for the aforesaid offences against Shabaz and two others on the basis of the first information dated 20.06.2024 received from Sanaulla, who is the father of the deceased-Riyana. 4. During the course of investigation of the case, accused No.1 was arrested. After completing investigation of the case , charge sheet has been filed against three persons and the petitioner is arrayed as accused No.3 in the charge - 3 - NC: 2025:KHC:15673 CRL.P No. 4095 of 2025 sheet. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.5525/2024 before the Jurisdictional Sessions Court which was rejected on 10.12.2024. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that accused No.1 has been granted regular bail by this Court in Crl.P.No.13141/2024 and accused No.2 has been granted anticipatory bail by this Court in Crl.P.No.12515/2024. Allegation against the petitioner who is younger brother of accused No.1 is omnibus. Petitioner has no criminal antecedents. Accordingly, prays to allow the petition. 6. Perusal of the material on record would go to show that, allegation against the petitioner herein who is the younger brother of accused No.1 and son of accused No.2 is omnibus. Accused No.1, who was arrested in the present case has been granted regular bail by this Court in Crl.P.No.13141/2024 disposed of on 06.03.2025 and accused No.2 has been granted anticipatory bail by this Court in Crl.P.No.12515/2024 disposed of on 25.11.2024. Investigation of the case is completed and the charge sheet is filed. Considering the nature of allegations found against the petitioner who is arrayed as accused No.3 in - 4 - NC: 2025:KHC:15673 CRL.P No. 4095 of 2025 FIR as well as in the charge sheet, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.235/2024 registered by Sarjapura Police Station, Bengaluru, for offences punishable under Sections 498A, 304B read with Section 34 of IPC and Sections 3 and 4 of DP Act, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. The Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 5 - NC: 2025:KHC:15673 CRL.P No. 4095 of 2025 3. The Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 56