- 1 - NC: 2025:KHC:16914 CRL.P No. 5340 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5340 OF 2025 BETWEEN: SRI UDAY @ UDAY KUMAR S/O NAGARAJU AGED ABOUT 29 YEARS NO.44/A, 15TH MAIN, 19TH CROSS J.C. NAGARA, KURUBARAHALLI BENGALURU - 560 086. …PETITIONER (BY SRI MANJUNATH M.R, ADV.) AND: THE STATE OF KARNATAKA BY MAHALAKSHMI LAYOUT P.S BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.34/2025 OF MAHALAKSHMILAYOUT P.S. BENGALURU REGISTERED FOR AN OFFENCE P/U/S 80,85 DR/W 3(5) OF BNS 2023 AND SEC.3,4 OF D.P ACT PENDING ON THE FILE OF THE XXXII A.C.M.M AT BENGALURU. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16914 CRL.P No. 5340 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.34/2025 registered by Mahalakshmipuram Police Station, Bengaluru City, for the offences punishable under Sections 3(5), 80 and 85 of BNS, 2023 and Sections 3 and 4 of 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.34/2025 was registered by Mahalakshmipuram Police Station, Bengaluru City, for the aforesaid offences against the petitioner and two others based on first information dated 11.02.2025 submitted by K M Kantha, father of deceased Smt. Jayashree, who is the wife of petitioner herein. During the course of investigation, petitioner herein was arrested on 12.02.2025 and subsequently, remanded to judicial custody. His bail application filed before - 3 - NC: 2025:KHC:16914 CRL.P No. 5340 of 2025 the jurisdictional Sessions Court in Crl.Misc.No.1868/2025 was rejected on 18.03.2025. Therefore, he is before this Court. 4. A perusal of the material on record would go to show that marriage of the deceased with the petitioner was a love marriage which was against the wishes of the parents of the deceased. It appears that from the wedlock, couple have a child aged about two years. The deceased Jayashree had committed suicide in her house by hanging herself. In the first information, it is alleged after the marriage, demand was made for payment of dowry and the first informant and his family members had requested the petitioner to give them some time for fulfilling his demand. It is also alleged that deceased had informed her parents about the demand made by accused persons for payment of dowry. 5. Learned counsel for the petitioner has submitted that after the marriage, parents of deceased were not in good terms with her and deceased had not visited her parent's house after her marriage. It was the petitioner who had taken the deceased to the Hospital immediately after she committed suicide and only thereafter, the parents of the deceased had come to the - 4 - NC: 2025:KHC:16914 CRL.P No. 5340 of 2025 Hospital and subsequently, a false complaint has been made against the petitioner for extraneous reasons. Be that as it may, the fact remains that undisputedly the marriage of the deceased with the petitioner was a love marriage and therefore, a doubt arises about the allegation of demand for dowry. Petitioner has got a two year old minor child to be taken care of. Petitioner is in custody from 12.02.2025. Major portion of the investigation in the case is completed and charge sheet has been filed. Petitioner has no other criminal antecedents. In view of the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs 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.34/2025 registered by Mahalakshmipuram Police Station, Bengaluru City, for the offences punishable under Sections 3(5), 80 and 85 of BNS, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961, subject to the following conditions: - 5 - NC: 2025:KHC:16914 CRL.P No. 5340 of 2025 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; 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