- 1 - HC-KAR NC: 2025:KHC:23404 CRL.P No. 8084 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8084 OF 2025 BETWEEN: P.S. MALLESH NAYAK S/O SHANUMUKH NAYAKA AGED ABOUT 35 YEARS R/AT NO. BANDE BASAVAPURA TANDA VILLAGE, SHIVAPURA GRAMA PANCHAYATH, KUDLIGE TALUK, BELLARY DISTRICT - PIN 583 135. …PETITIONER (BY SRI SHARATH J.M, ADV.) AND: STATE OF KARNATAKA BY H D KOTE POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL, WHO IS ACCUSED IN CR.NO.25/2025 REGISTERED BY RESPONDENT H D KOTE P.S, NOW PENDING ON HONBLE PRL.CIVIL JUDGE AND CJM COURT, H,D KOTE FOR THE O/P/U/S 352,351(2),85,103(1) OF BNS AND SEC. 3,4 AND 6 OF D.P ACT. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23404 CRL.P No. 8084 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 in Crime No.25/2025 registered by H. D. Kote Police Station, Mysuru, for the offences punishable under Sections 103(1), 352, 351(2) and 85 of BNS, 2023 and Sections 3, 4 and 6 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.25/2025 was registered by H. D. Kote Police Station, Mysuru, initially for the offences punishable under Sections 352, 351(2), 85 and 109(1) of BNS, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, against the petitioner herein based on the first information dated 21.01.2025 received from Nagarajanayaka K S, who is the brother of deceased Madhura, wife of petitioner herein. During the course of investigation of the said case, petitioner was arrested on 06.02.2025 and subsequently, remanded to judicial - 3 - HC-KAR NC: 2025:KHC:23404 CRL.P No. 8084 of 2025 custody. Madhura, who had suffered burn injuries in the incident that had taken place on 21.01.2025 subsequently, had died in the Hospital on 10.02.2025. Thereafter, the offence punishable under Sections 103(1) of BNS, 2023 and Section 6 of Dowry Prohibition Act, 1961, were invoked against the accused and after completing investigation, charge sheet has been filed against accused for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.761/2025 was rejected on 29.05.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that marriage of the petitioner with the deceased was solemnized about 10 years prior to the date of incident and from the said wedlock, they have a son aged about 8 years, who is cited as CW2 in the charge sheet. Material available on record would go to show that after the deceased had suffered burn injuries in the incident in question that had taken place on 20.01.2025 at about 19.00 hours, in the house of the petitioner, she was immediately shifted to the Hospital by the petitioner and the Hospital records where the deceased was admitted would go to - 4 - HC-KAR NC: 2025:KHC:23404 CRL.P No. 8084 of 2025 show that she was admitted with a history of accidental burn injuries. The material on record would also go to show that petitioner, who had taken his wife to the Hospital also had suffered burn injuries on his hands and had taken treatment for the same. In the statement of CW2 recorded under Section 183 of BNSS, 2023, he has not made any such statement that his father had poured kerosene on his mother and lit fire as alleged in the charge sheet. On the other hand, a reading of the statement of CW2 would go to show that fire was accidental. The prosecution has failed to produce any material to show that deceased had made any complaint against the petitioner about he ill-treating or torturing her after her marriage and only for the first time, such an allegation is made by the relatives of the deceased. The statement of the mother of the deceased was recorded subsequently after the death of the deceased and a reading of the same does not inspire confidence in the mind of the Court as exaggerated allegations are made. Undisputedly, petitioner has no other criminal antecedents. He is required to take care of his minor son aged about 8 years. Investigation in the case is completed and charge sheet has been filed. The allegations found in the charge sheet are required to be proved - 5 - HC-KAR NC: 2025:KHC:23404 CRL.P No. 8084 of 2025 in a full fledged trial. Therefore, 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:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.25/2025 registered by H. D. Kote Police Station, Mysuru, for the offences punishable under Sections 103(1), 352, 351(2) and 85 of BNS, 2023 and Sections 3, 4 and 6 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; - 6 - HC-KAR NC: 2025:KHC:23404 CRL.P No. 8084 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