- 1 - NC: 2025:KHC-D:2315 CRL.P No. 100165 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.100165 OF 2025 [439(CR.PC)/483(BNSS)] BETWEEN: SHRI IMRAN S/O. HUSAIN SABA GONADI, AGE: 36 YEARS, OCC. PRIVATE WORK, R/O. IBRAHIMPUR, 7TH CROSS, OLD HUBBALLI, HUBBALLI, DIST. DHARWAD. … PETITIONER (BY SRI ROSHAN SAHEB CHABBI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH KASABAPETH P.S., REPRESENTED BY S.P.P., HIGH COURT, DHARWAD BENCH, DHARWAD-580011. … RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 IS PRAYING TO ALLOW THE PETITION AND RELEASE THE PETITIONER/ACCUSE NO.4 ON REGULAR BAIL IN C.C.NO.2547/2024 (CRIME NO.54/2024 OF KASABAPETH POLICE STATION, HUBBALLI), NOW PENDING ON THE FILE OF THE LEARNED II ADDITIONAL CIVIL JUDGE AND JMFC III, HUBBALLI, FOR THE ALLEGED COMMISSION OF HE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 498A, 304B RW. SECTION 34 OF IPC. BHARATHI H M Digitally signed by BHARATHI H M Date: 2025.02.11 10:07:03 +0530 - 2 - NC: 2025:KHC-D:2315 CRL.P No. 100165 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) is seeking regular bail in Crime no.54/2024 by Kasabapeth Police Station for offences punishable under Sections 498-A and 304-B read with Section 34 of Indian Penal Code (for short, ‘IPC’) by accused no.4 (petitioner). 2. Sri Roshan Saheb Chabbi, 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 - NC: 2025:KHC-D:2315 CRL.P No. 100165 of 2025 3. And, whenever she visited complainant, she told him that from date of marriage, her husband and his family 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 Karajgi 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 - 4 - NC: 2025:KHC-D:2315 CRL.P No. 100165 of 2025 demands for dowry and compelled her to commit suicide, he sought for taking action. Based on same, Crime no.39/2024 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. It was submitted, in respect of same Crime, this Court had granted bail to accused no.3 who was also brother- in-law of victim on ground of separate residence and not with victim and accused no.1 and 2. It was submitted, even petitioner herein does not have any criminal antecedents and was in custody since 16.05.2024. It was submitted, petitioner being another brother-in-law of victim and residing separately was seeking bail on ground of parity. 6. On other hand, Smt.Girija S. Hiremath, learned HCGP for respondent–State opposed petition. It was submitted, there were specific allegations of persistent demand for dowry and physical/mental harassment by accused, in complaint filed on 03.06.2024. Admittedly death of victim was within seven years of marriage attracting presumption under Section 304B - 5 - NC: 2025:KHC-D:2315 CRL.P No. 100165 of 2025 of IPC and material collected by prosecution was sufficient. Besides, if released 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?” 9. This is a petition for regular bail filed by accused no.4, brother-in-law of victim (i.e. husband’s brother), on ground of parity, as this Court in Crl.P.no.100050/2025 disposed of on 25.01.2025 had granted bail to accused no.3 on ground that he was staying in separate house than victim. 10. In instant case also, petitioner - accused no.4 has produced his Aadhar card, showing different residential address than matrimonial home of victim and accused no.1 and 2. In view of above on ground of parity, petitioner would also be entitled for bail, but by imposing suitable conditions as would - 6 - NC: 2025:KHC-D:2315 CRL.P No. 100165 of 2025 meet concerns of prosecution. Point for consideration is answered in affirmative. Hence, following: ORDER Petition is allowed. Petitioner/accused no.4 is ordered to be released on bail in Crime no.54/2024 by Kasabapeth Police Station for offences punishable under Sections 498-A 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. 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. - 7 - NC: 2025:KHC-D:2315 CRL.P No. 100165 of 2025 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 GRD CT:PA LIST NO.: 1 SL NO.: 7