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2025 DAILYLAW 28918 (KAR)

CHANDRASHEKARA S v. STATE BY MANDYA WOMEN

CRL.P/8114/2025 · 2025-07-01

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:23406 CRL.P No. 8114 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. 8114 OF 2025 BETWEEN: CHANDRASHEKARA S S/O SIDDARAJU AGED ABOUT 27 YEARS RESIDING AT KASABA HOBLI MALAVALLI TALUK, MANDYA PIN CODE - 571 425. …PETITIONER (BY SRI RAJU C.N, ADV.) AND: STATE BY MANDYA WOMEN POLICE, MANDYA, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BANGALORE, PIN CODE - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.37/2025 OF WOMEN POLICE, MANDYA ON THE FILE OF THE CIVIL JUDGE (SR.DN) AND JMFC COURT MANDYA FOR OFFENCES P/U/S 189(2), 85, 115(2), 352, 76, 127(2), 351(2), 74, 126(2), 190 AND SECTION 3 AND 4 OF DP ACT BY ALLOWING THIS PETITION. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23406 CRL.P No. 8114 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.37/2025 registered by Mandya Women Police Station, Mandya, for the offences punishable under Sections 189(2), 85, 115(2), 352, 76, 127(2), 351(2), 74, 126(2) and 190 of BNS, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.37/2025 was registered by Mandya Women Police Station, Mandya, for the aforesaid offences against petitioner and his relatives based on the first information dated 30.04.2025 received from his wife Pushpa S. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.363/2025 before the jurisdictional Sessions Court which was rejected as against him on 30.05.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:23406 CRL.P No. 8114 of 2025 4. Perusal of the material available on record would go to show that marriage of the petitioner with the first informant was solemnized on 25.11.2024. It appears that after the marriage, for a short period, husband and wife were living happily and thereafter, there has been a dispute between them. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the alleged offences is imprisonment for a period of three years. Petitioner has undertaken to cooperate with the police for the purpose of investigation. All other accused in the present case have been granted anticipatory bail by the jurisdictional Sessions Court. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 5. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.37/2025 registered by Mandya Women Police Station, Mandya, for the offences punishable under Sections 189(2), 85, 115(2), 352, 76, 127(2), 351(2), 74, 126(2) and 190 of BNS, 2023 and - 4 - HC-KAR NC: 2025:KHC:23406 CRL.P No. 8114 of 2025 Sections 3 and 4 of the Dowry Prohibition Act, 1961, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. SD/- (S VISHWAJITH SHETTY) JUDGE DN