- 1 - HC-KAR NC: 2025:KHC:23968 CRL.P No. 8306 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8306 OF 2025 BETWEEN: 1. SRI NAWAZ KHAN S S/O SHABBIR KHAN AGED 29 YEARS R/AT C/O NARAYANAPPA 2ND CROSS, BEHIND K S R T C GARAGE, NAVAJI BORE ROAD KANAKAPURA TOWN, RAMANAGARA DISTRICT, PINCODE - 562 159. 2. SRI ABBU SULTHAN S/O SHABBIR KHAN AGED ABOUT 28 YEARS R/AT C/O LAKSHMAMMA BESIDE MAHADESHWARA TEMPLE ROAD, MAHADESHWARA BADAVANE KANAKAPURA TOWN, RAMANAGARA DISTRICT, PIN CODE - 562 159. …PETITIONERS (BY SRI DAYANANDA B.V, ADV.) AND: THE STATE OF KARNATAKA BY KANAKAPURA TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL IN C.C.NO.867/2025 FOR THE OFFENCE P/U/S 85,108 R/W 3(5) OF BNS ACT 2023 AND SEC.3 AND Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23968 CRL.P No. 8306 of 2025 4 OF D.P ACT 1961 REGISTERED BY THE RESPONDENT POLICE I.E. CR.NO.202/2024 KANAKAPURA TOWN P.S WHICH IS NOW PENDING ON THE FILE OF THE III ADDL.CIVIL JUDGE AND J.M.F.C COURT KANAKAPURA, RAMANAGARA DISTRICT AND THE PETITIONERS ARE SHOWN AS ACCUSED NO.1 AND 4 RESPECTIVELY IN THE CHARGE SHEET. 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 nos.1 & 4 in Crime No.202/2024 registered by Kanakapura Police Station, Ramanagara District, for the offences punishable under Sections 85, 108 read with 3(5) of BNS, 2023, and Sections 3 & 4 of Dowry Prohibition Act, 1961, are 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.202/2024 was registered by Kanakapura Police Station, Ramanagara District, initially for the offences punishable under Sections 103(1), 85, 3(5) of BNS, 2023, against the petitioner and others based on the first information dated 31.12.2024 received from Fathima Bi who is the mother of deceased Jasmen Taj. During the course of investigation of - 3 - HC-KAR NC: 2025:KHC:23968 CRL.P No. 8306 of 2025 the case, petitioners herein who were arrayed as accused nos.1 & 4 in the FIR, were arrested on 31.12.2024 and 03.01.2025, respectively, and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed for the aforesaid offences and the offence under Section 103(1) of BNS, 2023, has been dropped in the charge sheet. Bail application filed by the petitioners before the Trial Court in Crl. Misc. No.5153/2024 was rejected on 05.06.2025. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that initially FIR was registered in the present case against the accused for the offences punishable under Sections 103(1), 85 read with 3(5) of BNS, 2023. During the course of investigation, petitioners herein were arrested on 31.12.2024 & 03.01.2025, respectively. Accused no.1 is the husband of deceased Jasmen Taj and accused no.4 is the brother of accused no.1. 5. In the charge sheet, it is alleged that deceased Jasmen Taj had committed suicide in her husband's house on 31.12.2024 by hanging herself since the accused persons were - 4 - HC-KAR NC: 2025:KHC:23968 CRL.P No. 8306 of 2025 ill-treating her and demanding dowry from her. Undisputedly, petitioners herein have no criminal antecedents. The alleged offences are not punishable with death or imprisonment for life. Investigation of the case is completed and charge sheet is filed. Under the circumstances, I am of the opinion that petitioners' prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 6. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.202/2024 registered by Kanakapura Police Station, Ramanagara District, for the offences punishable under Sections 85, 108 read with 3(5) of BNS, 2023, and Sections 3 & 4 of Dowry Prohibition Act, 1961, subject to the following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; - 5 - HC-KAR NC: 2025:KHC:23968 CRL.P No. 8306 of 2025 c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK