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2025 DAILYLAW 21702 (KAR)

SRI. SURESH KUMAR. G. N. v. STATE OF KARNATAKA

CRL.P/4203/2025 · 2025-04-08

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:15192 CRL.P No. 4203 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4203 OF 2025 BETWEEN: SRI SURESH KUMAR G.N S/O NARASIMHA MURTHY G.A AGED ABOUT 32 YEARS GUMMANAHALLI, VILLAGE SASALU HOBLI, DODDABALLPURA DISTRICT, DODDABALLPURA - 561 203. …PETITIONER (BY SRI SRINATHA B.V, ADV.) AND: STATE OF KARNATAKA DODDABELAVANGALA POLICE REPRESENTED BY STATE BY PUBLIC PROSECUTOR, HIGH COURT BUILDING PIN CODE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CC.NO.131/2025 (CR.NO.223/2024) REGISTERED BY DODDABELAVANGALA POLICE, PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) JMFC COURT, DODDABALLAPURA, BANGALORE RURAL DISTRICT, BENGALURU, FOR THE OFFENCE P/U/S 85,80(2),3(5) OF BNS, 2023, U/S 4 OF D.P ACT, 1961. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15192 CRL.P No. 4203 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Crime No.223/2024 registered by Doddabelavangala Police Station, Bengaluru, for the offences punishable under Sections 85, 80(2) and 3(5) of BNS, 2023, and Section 4 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.223/2024 was registered by Doddabelavangala Police Station, Bengaluru, for the aforesaid offences against petitioner and two others based on the first information dated 20.11.2024 submitted by Rohith R, brother of deceased Rathnamma G R. During the course of investigation, petitioner herein was arrested on 21.11.2024 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against three persons and petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court - 3 - NC: 2025:KHC:15192 CRL.P No. 4203 of 2025 in Crl.Misc.No.10044/2025 was rejected on 17.03.2025. Therefore, he is before this Court. 4. A perusal of the material on record would go to show that marriage of deceased with Rathnamma was solemnized on 18.12.2022 and it appears that their relationship was not cordial. Deceased had committed suicide in her matrimonial house on 20.11.2024. Thereafter, her brother had approached the police and submitted a first information alleging that deceased has left a death note alleging that accused persons were the cause for her death. It is not in dispute that in the alleged death note said to have been left behind by the deceased, she has not made any allegations that the accused persons were ill-treating or torturing her in furtherance of any demand for bringing additional dowry. She has only stated that accused persons named in the FIR were the cause for her death. Petitioner, who has no other criminal antecedents is in custody from 21.11.2024. Accused Nos.2 and 3 have been granted anticipatory bail in the present case. Investigation in the case is completed and charge sheet has been filed. Under the circumstances, I am of the opinion that the prayer made by - 4 - NC: 2025:KHC:15192 CRL.P No. 4203 of 2025 the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.223/2024 registered by Doddabelavangala Police Station, Bengaluru, for the offences punishable under Sections 85, 80(2) and 3(5) of BNS, 2023, and Section 4 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; - 5 - NC: 2025:KHC:15192 CRL.P No. 4203 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