- 1 - NC: 2025:KHC-D:1982 CRL.P No. 100215 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.100215 OF 2025 [439(CR.PC)/483(BNSS)] BETWEEN: VIRUPAKSHI @ B. VIRUPAKSHA S/O. LATE MANGARAYAPPA, AGE: 61 YEARS, OCC. FARMER, R/O. 1ST WARD, NEAR UCHHRAYANAKATTE, RAMSAGAR VILLAGE, KAMPLI TQ., BALLARI DIST. 583132. … PETITIONER (BY SRI B. ANWAR BASHA, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH KAMPLI P.S. BALLARI), REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT KARNATAKA, AT DHAWAD-580001. … RESPONDENT (BY SRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION FILED UNDER SECTION 439 OF CRPC., PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.2 ON REGULAR BAIL IN CRIME NO.112/2024 REGISTERED BY KAMPLI PS BALLARI FOR HE OFFENCES PUNISHABLE U/S.80(2), 85, 190 OF BNS 2023, PENDING TRAIL OF THE SAID CASE, BEFORE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI SITTING AT HOSAPETE IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MANJANNA E Digitally signed by MANJANNA E Date: 2025.02.01 10:21:19 +0530 - 2 - NC: 2025:KHC-D:1982 CRL.P No. 100215 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition for regular bail is under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) in Crime No.112/2024 by Kampli Police Station, Ballari, for offences punishable under Sections 80 (2), 85 and 190 of Bharatiya Nyaya Sanhita, 2023 (‘BNS’ for short) by accused no.2 (petitioner). 2. Sri B. Anwar Basha, learned counsel for petitioner submitted case of prosecution was that a complaint was filed by Bagli Iranna (complainant) that his daughter - Netra (victim) married Manu Gangamata of Ramasagara village, Kampli Taluk, Ballari District, on 28.03.2024, by giving sufficient amount of gold etc. as agreed between families. One and half months later his daughter came back complaining that her in-laws were ill-treating and harassing her about not giving sufficient money for Groom’s clothes. She was sent after consoling. As ill- treatment continued, complainant’s son Manjunath transferred Rs.12,000/- to accused no.3 by PhonePe. But, victim informed they demanded more. Later she informed Manjunath about affair between her husband and his sister-in-law. But, at 12:00 - 3 - NC: 2025:KHC-D:1982 CRL.P No. 100215 of 2025 noon on 04.09.2024, complainant received a call from his daughter’s house that she had locked herself in her bedroom. 3. On reaching, Manu informed complainant that bedroom door was locked since 11:00 a.m. With help of stick, he opened door to find victim had hung herself from ceiling fan. On getting her down, they found she had died. Suspecting that due to persistent harassment for dowry, victim had committed suicide, he sought action. Based on complaint, Crime no.112/2024 was registered by Kampli Police against husband, father-in-law, brother-in-law, sister-in-law, uncle and aunt of victim as accused no.1 to 6 respectively. It was submitted accused no.4 to 6 were on anticipatory bail. 4. It was submitted petitioner was farmer and permanent resident of Ramsagar village owing movable and immovable properties and without any criminal antecedents. Though, he had not committed any offence, he was falsely implicated to spoil reputation and in vengeance against family of accused no.1. 5. On other hand, Sri Jairam Siddi, learned HCGP for respondent – State opposed petition. It was submitted in - 4 - NC: 2025:KHC-D:1982 CRL.P No. 100215 of 2025 complaint there were specific averments about harassment and demand for dowry and also about transfer of Rs.12,000/- to petitioner by PhonePe. Offences alleged were heinous in nature and death of victim was within six months of marriage attracting presumption under Section 80 of BNS. It was submitted, in case of grant of bail, petitioner was in all likelihood to influence or hamper investigation. On above grounds sought for rejection of bail. 6. Heard learned counsel. 7. Point that would arise for consideration is: “Whether petitioner is entitled for bail on conditions?” 8. This petition for regular bail is by accused no.2 in Crime no.112/2024 by Kampli Police Station for offences Sections 80 (2), 85 and 190 of BNSS, which are dowry death punishable with imprisonment of not less than 7 years and extendable upto life; Cruelty against married woman punishable with imprisonment upto 3 years by forming unlawfully assembly carrying same sentence as offence committed with common object. - 5 - NC: 2025:KHC-D:1982 CRL.P No. 100215 of 2025 9. As submitted by prosecution, nature of dowry death would be as a heinous offence. As per case of prosecution, petitioner is father of accused no.1 and in pursuance of demand for dowry by accused no.1 and his family, complainant’s son had transferred sum of Rs.12,000/- to accused no.3 by PhonePe. Victim died by suicide within six months of marriage. Though complaint averments would include ingredients for offences alleged, except transfer of amount by PhonePe into account of accused no.3 there does not appear to be any other overt-acts against accused individually. It is common in case of dowry death cases to arraign all family members. Accused no.1 and 2 are in custody while accused no.3 to 6 have obtained bail. In meanwhile, Police completed investigation and filed charge sheet citing 34 witnesses. Therefore, conclusion of trial is likely to be delayed. Prima facie, there is no material directly implicating petitioner. Thus, point for consideration is answered in affirmative, leading to following: ORDER Petition is allowed. Petitioner/accused no.2 is ordered to be released on bail in Crime no.112/2024 of Kampli Police Station for offences - 6 - NC: 2025:KHC-D:1982 CRL.P No. 100215 of 2025 punishable under Sections 80 (2), 85 and 190 of BNS, subject to following conditions: a) He shall execute a person bond in a sum of Rs.1,00,000/- with two sureties for likesum to satisfaction of Court. b) He shall make himself available for purpose of investigation as and when required and co-operate with investigation. c) He shall appear before trial Court on all hearing dates. d) He shall not tamper with or influence prosecution witnesses, either directly or indirectly and shall not hamper investigation. e) He shall not indulge in any criminal activities. f) He shall forthwith inform any change of his residence to Investigating Officer. g) It is clarified that views expressed are prima facie for purposes of this order and shall not influence final outcome after trial. SD/- (RAVI V.HOSMANI) JUDGE GRD CT:PA LIST NO.: 1 SL NO.: 13