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2025 DAILYLAW 30016 (KAR)

MR VINAY KUMAR S v. STATE OF KARNATAKA

CRL.P/8881/2025 · 2025-07-10

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25312 CRL.P No. 8881 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8881 OF 2025 BETWEEN: MR VINAY KUMAR S S/O SIDDAIAH B AGED ABOUT 35 YEARS R/AT NO.18, 4TH MAIN ROAD 10TH CROSS, BEHIND KEB OFFICE, ALANAHALLI MYSURU - 570 028. …PETITIONER (BY SRI HASMATH PASHA, SR. COUNSEL FOR SRI KARIAPPA N.A, ADV.) AND: STATE OF KARNATAKA BY CHANDRA LAYOUT POLICE STATION, BANGALORE CITY (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 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 ENLARGE HIM ON BAIL IN CR.NO.164/2025 OF CHANDRA LAYOUT P.S, BANGALORE CITY FOR O/U/S 80,85,352 R/W 3(5) OF BNS WHICH IS PENDING ON THE FILE OF HONBLE 46TH ACMM, BANGALORE. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25312 CRL.P No. 8881 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.164/2025 registered by Chandra Layout Police Station, Bengaluru, for the offences punishable under Sections 80, 85, 352 read with Section 3(5) of BNS, 2023, 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.164/2025 was registered by Chandra Layout Police Station, Bengaluru, for the aforesaid offences against petitioner and others based on the first information dated 24.04.2025 received from Lingaraju, father of deceased Soumya, who is the wife of petitioner herein. During the course of investigation, petitioner herein was arrested on 04.06.2025 and subsequently, remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed. His bail application filed before the jurisdictional Sessions Court in - 3 - HC-KAR NC: 2025:KHC:25312 CRL.P No. 8881 of 2025 Crl.Misc.No.4786/2025 was rejected on 20.06.2025. 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 performed on 10.11.2024. It appears that even prior to the marriage, petitioner who is a software engineer was residing abroad and after marriage, deceased had joined her husband at New York in United State of America and they had lived together for a short time. Subsequently, deceased had returned to India on 19.04.2025 and on 23.04.2025, she had committed suicide in her parents house. It appears that subsequently, petitioner who was abroad had returned to India and on 04.06.2025, he was arrested in the present case and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed. Neither in the FIR nor in the charge sheet the offence punishable under the provisions of the Dowry Prohibition Act, has been invoked against the accused. 5. Perusal of the averments found in the first information as well as the charge sheet would go to show that there is no allegation against the accused persons that deceased was being - 4 - HC-KAR NC: 2025:KHC:25312 CRL.P No. 8881 of 2025 tortured or ill-treated in her matrimonial house in furtherance of the demand made by accused persons for demand of dowry. Further proceedings in the present case has been stayed as against the accused in WP No.18828/2025 by the Co-ordinate Bench of this Court. Petitioner, who has no other criminal antecedents is in custody from 04.06.2025. Investigation in the case is completed and charge sheet has been filed. Petitioner is a software engineer employed in a MNC. Under the circumstances, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.164/2025 registered by Chandra Layout Police Station, Bengaluru, for the offences punishable under Sections 80, 85, 352 read with Section 3(5) of BNS, 2023, 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; - 5 - HC-KAR NC: 2025:KHC:25312 CRL.P No. 8881 of 2025 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; 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