Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:25072 CRL.P No. 9119 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9119 OF 2025 BETWEEN:
SAYYAD SAHIL S/O ABDUL JABBAR AGED ABOUT 29 YEARS R/AT DOOR NO 1-337/1 K C ROAD TALAPPADI MANGALORE, D K - 575 023. …PETITIONER (BY SRI TALHA ISMAIL BENGRE, ADV.) AND:
THE STATE OF KARNATAKA BY MANGALORE WOMEN POLICE STATION DAKSHINA KANNADA REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. ASMA KAUSER, ADDL. SPP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT AN BAIL TO THE PETITIONERS HEREIN ACCUSED NO.1 IN THE CASE FIR BEARING CR.NO.21/2025 FOR THE O/U/S 85,115(2),118(1),352,351(2) OF BNS AND SEC. 2 AND 4 OF D.P ACT, OF MANGALORE WOMENS P.S, WHICH IS PENDING IN THE FILE OF 3RD JMC COURT AT MANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:25072 CRL.P No. 9119 of 2025
CORAM:
HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused no.1 in Crime No.21/2025 registered by Mangalore Women Police Station, Mangaluru City, for the offences punishable under Sections 85, 115(2), 118(1), 352, 351(2) of BNS, 2023, and Sections 3 & 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.21/2025 was registered by Mangalore Women Police Station, Mangaluru City, against the petitioner and others for the aforesaid offences based on the first information dated 07.03.2025 received from Smt. Haleema Shahima, who is the wife of the petitioner herein. Apprehending arrest in the said case, petitioner had filed Crl. Misc. No.323/2025 before the jurisdictional Sessions Court, which was dismissed on 28.04.2025. Therefore, he is before this Court. - 3 -
HC-KAR NC: 2025:KHC:25072 CRL.P No. 9119 of 2025
4. Perusal of the material on record would go to show that the marriage of the petitioner with the first informant was performed on 18.02.2024 and the allegation in the first information is that at the time of marriage, dowry was paid to the petitioner as per the demand.
It is further alleged that even thereafter, first informant was harassed and tortured in her matrimonial home and on 28.02.2025, petitioner allegedly assaulted her at the instance of his sister and as a result, first informant has suffered injury. 5. Accused nos.2 to 4 have approached this Court in Crl.P.No.6531/2025 and as against them, further proceedings in Crime No.21/2025 has been stayed by the coordinate bench of this Court. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the said offences is imprisonment for a period of three years. Petitioner who is the husband of the first informant, has no criminal antecedents and he has undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail is
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HC-KAR NC: 2025:KHC:25072 CRL.P No. 9119 of 2025
required to be answered affirmatively. Accoridngly, the following order:
6. 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.21/2025 registered by Mangalore Women Police Station, Mangaluru City, for the offences punishable under Sections 85, 115(2), 118(1), 352, 351(2) of BNS, 2023, and Sections 3 & 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 witness and he shall co-operate with the police for investigation and appear before them whenever called upon.
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HC-KAR NC: 2025:KHC:25072 CRL.P No. 9119 of 2025
4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE
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