- 1 - NC: 2025:KHC-D:1434 CRL.P No. 100050 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.100050 OF 2025 [439(CR.PC)/483(BNSS)] BETWEEN: SALEEM S/O HUSENSAB GONADDI, AGE: 37 YEARS, OCC. PRIVATE JOB, R/AT. P.B. ROAD, SADAR SOFA, OLD HUBBALLI, HUBBALLI-580024. … PETITIONER (BY SRI GOURI SHANKAR MOT AND SRI HIRENKUMAR PALET, ADVOCATES) AND: THE STATE OF KARNATAKA KASABAPETH POLICE STATION, HUBBALLI, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. … RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.3 ON BAIL AS ATTACHED IN KASABAPETH POLICE STATION CRIME NO.54/2024 PENDING ON THE FILE OF 1ST ADDITIONAL DISTRICT AND SESSIONS DHARWAD, AT DHARWAD, SITTING AT HUBBALLI IN S.C.NO. 5096/2024, FOR THE OFFENCE P/U/SEC.498A, 304B R/W SEC.34 OF IPC, 1860. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.25 15:39:50 +0530 - 2 - NC: 2025:KHC-D:1434 CRL.P No. 100050 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) for grant of regular bail in Crime no.54/2024 by Kasabapeth Police Station for offences punishable under Sections 498A and 304(B) read with Section 34 of Indian Penal Code (for short, ‘IPC’) by accused no.3. 2. Sri Gouri Shankar Mot, learned counsel for petitioner submitted case of prosecution was Abdul Rehaman (complainant) filed complaint at 11:00 a.m. on 03.06.2024, stating that his daughter Najmeen (victim) was married Ibrahim Hussainsab (accused no.1) on 30.10.2022. It was further stated though he had given ½ Tola of gold as agreed, instead of Rs.20,000/- in cash, he had given Rs.15,000/- and sought time for paying remaining. Thereafter, she went to her husband’s house, where apart from her husband and parents- in-law, even her brothers-in-law were residing together. 3. And, whenever she visited complainant, she told him that from date of marriage, her husband and his family - 3 - NC: 2025:KHC-D:1434 CRL.P No. 100050 of 2025 members abused and beat her even on flimsy reasons and also prevented her from speaking to anyone on mobile. And further that he had advised them against it. Despite same, they had not stopped harassing her with demands for dowry. It was further stated that victim had called him and told that accused no.1 had tried to strangulate her and threatened with dire consequences in case she spoke to her parents. 4. Thereafter at 5:00 p.m. on 10.05.2024, his relative Basir Karajagi informed him about crowd having gathered in front of his daughter’s house and that he had seen complainant’s daughter lying dead. On going there he saw his daughter had died with hanging marks around her neck. On enquiry, her mother-in-law informed him that victim was found hanging and immediately she was brought down. She in very casual manner asked complainant to enquire with his dead daughter about reason for hanging herself. Thereafter, he had taken his daughter to KIMS Hospital at 5:40 p.m., doctors examined and declared her dead. Alleging that victim’s husband, parents and brothers-in-law had harassed her with demands for dowry and compelled her to commit suicide, he sought for taking action. Based on same, Crime no.39/2024 - 4 - NC: 2025:KHC-D:1434 CRL.P No. 100050 of 2025 was registered by Hubli – Dharwad City Women Police Station for offences stated above. It was submitted, same was later transferred to Kasabapeth Police Station on 03.06.2024 and re-registered as Crime no.54/2024 (supra). 5. Referring to residential address shown in Aadhar card, learned counsel submitted, petitioner (accused no.3) was brother-in-law of victim, who was residing separately. Therefore, he had no role whatsoever. Moreover, there were no specific overt acts alleged against petitioner. It was submitted, petitioner was arrested on 16.05.2024 and had spent more than seven months in custody. In meanwhile, investigation was completed, charge-sheet filed on 03.07.2024 and matter committed to I Additional District and Sessions Judge, Dharwad, sitting at Hubballi in SC no.5096/2024, awaiting commencement of trial. Therefore, petitioner would not be required for custodial interrogation. And as prosecution had sought to examine 27 witnesses, conclusion of trial was likely to be delayed. It was submitted, petitioner was law abiding citizen having both movable and immovable properties and without any criminal antecedents. On above grounds, learned counsel sought for allowing petition by imposing conditions. - 5 - NC: 2025:KHC-D:1434 CRL.P No. 100050 of 2025 6. On other hand, Smt.Girija S. Hiremath, learned HCGP for respondent – State opposed petition. It was submitted, as per complaint filed on 03.06.2024, death of victim was due to persistent demand and physical and mental harassment by her husband and his family members, including petitioner. And as death was within seven years of marriage, presumption under Section 304B of IPC was attracted. It was submitted, during investigation prosecution had collected sufficient material which indicated that all accused had joined in their commission with common intention. Therefore, contention that there were no specific overt acts alleged against petitioner was untenable. It was submitted, accused no.1, 3 to 5 were in custody, while charge-sheet against accused no.2 was split-up. As trial was to commence shortly, in case of release on bail, there was every likelihood of petitioner influencing prosecution witnesses. On above grounds, sought rejection of petition. 7. Heard learned counsel and perused material on record. 8. From above, point that arises for consideration is: “Whether petitioner is entitled for regular bail on conditions?” - 6 - NC: 2025:KHC-D:1434 CRL.P No. 100050 of 2025 9. This is a petition for regular bail filed by accused no.3, who is brother-in-law of victim (i.e. husband’s brother). It is not in dispute that victim married accused no.1 on 30.10.2022 and she died on 10.05.2024 by hanging (unnatural death), within two years of marriage. Complaint averments specifically alleged harassment of victim with demand for dowry from date of marriage continuing till her death. Though in complaint, complainant stated about petitioner (victim’s brother-in-law) also residing in same house along with her husband and parents-in-law, Aadhar Card produced (with year of enrolment as 2017), prima facie shows him residing separately. Though, whether petitioner along with other accused committed offences with common intention requires to be established during trial, prima facie consideration of nature of allegations against petitioner do not appear to be directly implicating petitioner. Moreover, petitioner has been in custody for more than seven months and even charge-sheet is already filed, matter awaiting commencement of trial after committal. 10. Hon'ble Supreme Court in case of Sanjay Chandra v. CBI, reported in (2012) 1 SCC 40, has held purpose of bail is to secure appearance of accused at trial and it can be neither - 7 - NC: 2025:KHC-D:1434 CRL.P No. 100050 of 2025 punitive nor preventative. It is further held, deprivation of liberty must be considered a punishment and that punishment begins after conviction and until then every man is deemed to be innocent. 11. In light of above and as concerns of prosecution can be addressed by imposing suitable conditions, point for consideration is answered in affirmative. Hence, following: ORDER Petition is allowed. Petitioner/accused no.3 is ordered to be released on bail in SC no.5096/2024 pending before I Additional District and Sessions Judge, Dharwad sitting at Hubballi [Crime no.54/2024 by Kasabapeth Police Station for offences punishable under Sections 498A and 304 (B) read with Section 34 of IPC], subject to following conditions: a) He shall execute a personal bond in a sum of Rs.1,00,000/- with one surety for likesum to satisfaction of Court. b) He shall make himself available for purpose of investigation as and when required and he shall co-operate with investigation. - 8 - NC: 2025:KHC-D:1434 CRL.P No. 100050 of 2025 c) He shall not threaten, tamper with or influence prosecution witnesses, either directly or indirectly. d) He shall not indulge in any criminal activities. e) He shall be regular in attending Court proceedings. f) It is clarified that views expressed herein are prima facie at this stage and shall not influence final outcome after trial. SD/- (RAVI V.HOSMANI) JUDGE CLK/GRD CT:PA LIST NO.: 1 SL NO.: 15