- 1 - NC: 2025:KHC:15581 CRL.P No. 4617 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4617 OF 2025 BETWEEN: SRI MANJUNATH S/O LATE.AANDYAPPA, AGED ABOUT 35 YEARS, R/AT CHAMBENAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU-560092 …PETITIONER (BY SRI VISHWAS S REDDY, ADV.) AND: STATE OF KARNATAKA BY SARJAPURA P.S REP. BY SPP, HIGH COURT BUILDING, ORE - 560001 BANGALORE …RESPONDENT (BY SMT. N. ANITHA GIIRSH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (482 OF BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO ENLARGE HIM ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CRIME NO.394/2023, IN CC.NO.7514/2024 BEFORE PRL.CIVIL JUDGE AND JMFC, ANEKAL FOR THE OFFENCES P/U/S.304(B) AND 498(A) R/W 34 OF IPC, ON THE FILE OF SARJAPURA POLICE STATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15581 CRL.P No. 4617 of 2025 ORAL ORDER Accused No.1 in C.C.No.7514/2024 pending before the Court of Principal Civil Judge 7 JMFC, Anekal arising out of Crime No.394/2023 registered by Sarjapura Police Station, Bengaluru District for the offence punishable under Sections 498(A) & 304(B) R/w 34 of IPC is before this Court seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.394/2023 was registered by Sarjapura Police Station, Bengaluru District against the petitioner herein and his family members for the aforesaid offences on the basis of first information dated 28.11.2023 received from Sri Shivakumar C R S/o Rajanna, who is the brother of deceased Smt. Revathi. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.5054/2025, was rejected on 14.02.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that, marriage of the petitioner with deceased Revathi was solemnized in the month of November, 2017 and from the wedlock, the couple have a child aged about 61/2 years. It appears that there is a civil dispute with regard to certain - 3 - NC: 2025:KHC:15581 CRL.P No. 4617 of 2025 immovable property in the family of deceased and a suit in O.S.No.337/2023 is pending before the Court of jurisdictional civil Court, Anekal between the family members of deceased. It also appears that, naming ceremony of the child of the first informant who is the brother of deceased was held 19.11.2023 and for the said function, the petitioner and his wife deceased Revathi were not invited. Three days after the said function deceased had gone to the house of the first informant allegedly after consuming poison and thereafter she was shifted to a hospital wherein she had breathed her last on 28.11.2023. It is under these circumstances, on 28.11.2023 brother of deceased had approached the police and submitted his first information, based on which FIR was registered against the petitioner and his parents. The police after completing investigation have filed charge sheet only against the petitioner for the aforesaid offences and accused Nos.2 to 4 have been dropped in the charge sheet. 5. It is relevant to note the fact that offence punishable under the provisions of Dowry Prohibition Act is not invoked in the present case against the accused though he has been charge sheeted for the offence punishable under Section - 4 - NC: 2025:KHC:15581 CRL.P No. 4617 of 2025 304(B) of IPC. Deceased had committed suicide after three days from the date of naming ceremony of the first informant's child for which function deceased and her husband were not invited. 6. Considering the aforesaid aspects of the matter more so, the fact that offence punishable under the provision of D.P. Act has not been invoked in the present case against the accused , I am of the opinion that prayer made by the petitioner, who has no other criminal antecedents, for grant of anticipatory bail, is required to be answered affirmatively. 7. Accordingly, the following: ORDER The Criminal 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 C.C.No.7514/2024 pending before the Court of Principal Civil Judge & JMFC, Anekal arising out of Crime No.394/2023 registered by Sarjapura Police Station, Bengaluru District for the offence punishable under Sections 498(A) & 304(B) R/w 34 of IPC subject to the following conditions: - 5 - NC: 2025:KHC:15581 CRL.P No. 4617 of 2025 1. The petitioner shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 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 NMS