- 1 - HC-KAR NC: 2025:KHC:22167 CRL.P No. 4994 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No. 4994 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. KARAN GOWDA @ KARNA. B., S/O BORE GOWDA, AGED ABOUT 29 YEARS, R/AT BALLENAHALLI VILLAGE, BOOKINAKERE HOBLI, K.R. PETE TALUK, MANDYA DIST-562159 …PETITIONER (BY SRI M. KRISHNE GOWDA, ADVOCATE) AND: 1. STATE OF KARNATAKA, STATE BY IJOOR P.S., REPTD. BY STATE PUBLIC PROSECUTOR PLEADER, HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C.NO.100/2022 (CRIME NO.7/2022) OF IJOOR P.S., FOR THE ALLEGED OFFENCE P/US/ 304-B OF IPC AND SEC.3 AND 4 OF DP ACT, WHICH IS PENDING BEFORE THE LEARNED III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT RAMANAGARA. Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22167 CRL.P No. 4994 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 Accused No.1 in S.C.No.100/2022 pending before the III Additional District and Sessions Judge at Ramanagara, arising out of Crime No.7/2022 registered by Ijoor Police Station, Ramanagara, for the offences punishable under Section 304B of the Indian Penal Code, 1860 (for short 'IPC') and Sections 3 and 4 of Dowry Prohibition Act, 1961, is before this Court in this successive bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.) (U/S.483 BNSS, 2023), seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.7/2022 was registered by Ijoor Police Station, Ramanagara, against the petitioner and others based on the first information dated 25.01.2022 received from Ganesh.C, the brother of deceased Janavi. During the course of investigation, petitioner herein was arrested on 09.02.2022 and subsequently, remanded to judicial custody. After - 3 - HC-KAR NC: 2025:KHC:22167 CRL.P No. 4994 of 2025 completing investigation, charge sheet has been filed against three persons and the petitioner is arraigned as accused No.3 in the charge sheet. His bail application before the jurisdictional District and Sessions Court was rejected. Therefore, he approached this Court in Crl.P.No.427/2023, which was dismissed on 05.06.2023. Thereafter, the petitioner had filed Crl.P.No.280/2024 and Crl.P.No.13376/2024, which were rejected by this Court. It is under these circumstances, the petitioner is before this Court in this successive bail application. 4. Learned counsel for the petitioner submits that the petitioner has no criminal antecedents and he is in custody since three years. Trial in the case is not yet commenced. Other accused persons have been enlarged on bail in the present case. Hence, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader has opposed the petition and submits that there is no change in the circumstance and therefore, this bail application cannot be entertained. - 4 - HC-KAR NC: 2025:KHC:22167 CRL.P No. 4994 of 2025 6. Material on record would go to show that the marriage of petitioner with deceased Janavi was solemnized on 24.05.2021 and the allegation in the charge sheet is that, after marriage, Janavi was ill-treated and tortured by the accused persons in furtherance of demand for dowry. Janavi committed suicide by hanging herself on 25.01.2022 in her parents' house. As on the said date, Janavi was pregnant by eight months. The petitioner, who is the husband of deceased Janavi was arraigned as accused No.1 in the FIR, which was registered subsequent to the death of Janavi for the aforesaid offences and during the course of investigation, he was arrested on 09.02.2022. Accused Nos.2 and 3 who are parents of the petitioner have been granted regular bail in the present case. Though the petitioner is in custody for the last three years four months, till date, trial in the case is not yet commenced. Undisputedly, the petitioner has no criminal antecedents. The alleged offences are not punishable exclusively with death or life imprisonment. 7. The Hon'ble Supreme Court in the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another - 2024 - 5 - HC-KAR NC: 2025:KHC:22167 CRL.P No. 4994 of 2025 SCC OnLine SC 1693 at paragraph No.19, the Hon'ble Supreme Court has observed as follows: "19. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime". 8. Since, trial in the case is yet to commence, chances of case being disposed of on merits in the near soon is remote. The petitioner cannot be kept in custody as a punitive measure for the reason that a criminal case is registered against him. Under the circumstances, I am of the view that, without expressing any opinion on the merits or demerits of the case, solely on the ground of petitioner's incarceration, his prayer for grant of bail needs to be answered affirmatively. 9. Accordingly, the following; (i) The petition is allowed. - 6 - HC-KAR NC: 2025:KHC:22167 CRL.P No. 4994 of 2025 (ii) The petitioner is directed to be enlarged on bail in Crime No.7/2022 registered by Ijoor Police Station, Ramanagara, for the offences punishable under Section 304B of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, 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 MV List No.: 1 Sl No.: 32