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2025 DAILYLAW 30411 (KAR)

SMT. K P DHANALKSHMI v. STATE OF KARNATAKA

CRL.P/9200/2025 · 2025-07-10

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25336 CRL.P No. 9200 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. 9200 OF 2025 BETWEEN: 1. SMT. K.P. DHANALKSHMI W/O B.H. MALLESHAPPA AGED ABOUT 65 YEARS. 2. SRI B H MALLESHAPPA S/O LATE HARALAPPA AGED ABOUT 63 YEARS. BOTH ARE R/AT NO.39, LEELA SANCTUARY, PEARL HABITAL LAYOUT VAJAYANAGARA 4TH STAGE MYSURU DISTRICT, MYSURU - 570 032. …PETITIONERS (BY SRI RAJASHEKARA R.V, ADV.) AND: STATE OF KARNATAKA BY ITS STATION HOUSE OFFICER HUNSURU TOWN POLICE STATION HUNSURU TALUK, MYSURU DISTRICT - 571 105, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO RELEASE THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.154/2025, HUNSUR TOWN POLICE, MYSURU DISTRICT, PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN.) AND JMFC, AT HUNSUR. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25336 CRL.P No. 9200 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 nos.2 & 3 in Crime No.154/2025 registered by Hunsur Town Police Station, Mysuru District, for the offences punishable under Sections 80(2), 3(5) of BNS, 2023, are 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.154/2025 was registered by Hunsur Town Police Station, Mysuru District, for the aforesaid offences against Harsha and the petitioners herein based on the first information dated 05.06.2025 received from Kendagannappa - father of deceased Pruthvi. Apprehending arrest in the case, petitioners had filed Crl. Misc. No.865/2025 before the jurisdictional Sessions Court, which was rejected on 24.06.2025. Therefore, they are before this Court. - 3 - HC-KAR NC: 2025:KHC:25336 CRL.P No. 9200 of 2025 4. Perusal of the material on record would go to show that marriage of accused no.1 who is the son of the petitioners herein was performed on 03.02.2024 and subsequently his wife who is the deceased in the present case had delivered a boy baby on 07.05.2025. It appears that the said child had died on 23.05.2025. The deceased who was staying in her parents house, had subsequently committed suicide in her parents house on 05.06.2025 by hanging herself. It is in this background, first information has been registered by the parents of the deceased against the accused for the alleged offences. 5. Though allegations are made against accused no.1 about demanding dowry, the material on record would go to show that the child which was born to the couple had died a few days back prior to the deceased committing suicide. So far as the petitioners are concerned, allegations against them are omnibus in nature. They are aged 65 years and 63 years, respectively. They have undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that petitioners' prayer for - 4 - HC-KAR NC: 2025:KHC:25336 CRL.P No. 9200 of 2025 grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 6. 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 their arrest in Crime No.154/2025 registered by Hunsur Town Police Station, Mysuru District, for the offences punishable under Sections 80(2), 3(5) of BNS, 2023, subject to the following conditions: 1. The Petitioners 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/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. - 5 - HC-KAR NC: 2025:KHC:25336 CRL.P No. 9200 of 2025 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK