- 1 - NC: 2025:KHC:2096 CRL.P No. 10328 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10328 OF 2024 (438(Cr.PC) / 482(BNSS)) BETWEEN: M. SAI KOUSHIK, S/O R. MALLIKARJUNA, AGED ABOUT 27 YEARS, R/AT NO.26/4/625, DHAN ROAD, SADASHIVANAGAR, HINDUPUR, ANANTAPURAM, ANANTAPUR, ANDHRA PRADESH - 515 201. …PETITIONER (BY SRI. SNEHA NAGARAJ, ADVOCATE) AND: 1. STATE OF KARNATAKA BY EAST WOMEN POLICE STATION, SHIVAJINAGAR, BENGALURU - 560 092, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SMT. BHAVANI K.R, W/O M. SAI KOUSHIK, AGED ABOUT 23 YEARS, R/AT. NO.3063, 11TH CROSS, FLAT NO.401, OLD THIPPASANDRA, BENGALURU, KARNATAKA - 560 075. …RESPONDENTS (BY SRI. SWAMINATHAN P, ADVOCATE FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:2096 CRL.P No. 10328 of 2024 THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNNS) PRAYING FOR ANTICIPATORY BAIL IN FAVOUR OF THE PETITIONER AND DIRECT THE RESPONDENT NO.1 POLICE TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.135/2024 EAST WOMEN P.S., ON THE FILE OF II ADDL. CMM, BENGALURU FOR THE ALLEGED OFFENCES P/U/S 498A, 504, 506, 354, 316 R/W 34 OF IPC AND SEC. 3 AND 4 OF D.P. ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition for anticipatory bail is preferred by accused No.1 in Crime No.135/2024 of East Women Police Station, Bengaluru City, registered for offences punishable under Section 498A, 504, 506, 354, 316 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act. 2. Learned Sessions Judge vide order dated 11.09.2024 in Crl.Misc.6241/2024 was pleased to allow the application seeking anticipatory bail insofar as accused Nos.2 to 5 are concerned, namely in-laws of the - 3 - NC: 2025:KHC:2096 CRL.P No. 10328 of 2024 complainant, while dismissing the petition of her husband that is the petitioner herein. 3. Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 4. In the complaint lodged Smt. Bhavani. K. R., she has alleged that, at the time of marriage with the petitioner herein, which took place on 25.12.2023, huge dowry was demanded and accepted by him and later she was subjected to physical and mental cruelty by the accused persons. It is alleged that the petitioner forced to abort the child by coercing her to consume pregnancy terminating tablets etc., 5. Learned counsel for the petitioner has contended that the entire allegations are false and the complaint is lodged only after the petitioner initiated divorce petition against the complainant. She contended that the complainant went through ectopic pregnancy, which happens when the fertilized egg gets stuck on its way to the uterus, for which petitioner cannot be blamed. - 4 - NC: 2025:KHC:2096 CRL.P No. 10328 of 2024 She contended that on 26.05.2024, petitioner had complained to the police regarding the life threat given by the complainant and her father and the present complaint is a counter blast. She submitted that the petitioner is wiling to abide by any conditions and accordingly, sought to allow the petition. 6. Learned High Court Government Pleader has contended that the allegations are serious in nature and the investigation is still in progress and therefore, if the petitioner is released on anticipatory bail, he may threaten the prosecution witnesses and he will not co-operate with the investigation of the case. He therefore, sought to dismiss the petition. 7. It is alleged in the complaint that complainant's father spent a huge amount and performed the marriage and the accused was given gold jewelleries etc. weighing upto 780 grams. Further, as per his demand, a Toyota Innova Crysta car was also given to him. Subsequent to the marriage, the petitioner and other accused started demanding a Villa and Rupees One Crore to start a new - 5 - NC: 2025:KHC:2096 CRL.P No. 10328 of 2024 business. It is further alleged that the petitioner was assaulting the complainant with belt and abusing in filthy language, questioning her character and her pregnancy was forcibly terminated by coercing her to consume some tablets etc., 8. Annexure-D is a copy of the divorce petition filed by the petitioner under the Hindu Marriage Act. Annexure-E is the copy of the complaint dated 26.05.2024 lodged by the petitioner with Kodigehalli Police Station, alleging life threat by the complainant and her father. He has stated the complainant informed him that her pregnancy had become ectopic pregnancy and she got her pregnancy terminated in one Kauvery hospital. 9. The complaint is lodged on 29.06.2024 making various allegations against the petitioner and in-laws of the complainant. It appears that there is a matrimonial discord between the couple. Subsequent to filing of a complaint and the divorce petition, present complaint came to be lodged. The prosecution has to establish the ingredients of the offences alleged against the petitioner. - 6 - NC: 2025:KHC:2096 CRL.P No. 10328 of 2024 He has undertaken to co-operate with the investigation of the case and to furnish sufficient surety to ensure his regular presence before the Trial court. In the said facts and circumstances, the relief sought by the petitioner can be granted by imposing suitable conditions. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioner / accused No.1 in Crime No.135/2024 of East Women Police Station , Bengaluru City, shall be released in the event of his arrest subject to following conditions: a) He shall appear before the Investigation Officer within a period of one week from the date of receipt of a copy of the order and shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with a surity for the likesum. b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is any change in the address. - 7 - NC: 2025:KHC:2096 CRL.P No. 10328 of 2024 c) He shall be available for the purpose of investigation as and when required and shall co-operate with the investigation. d) He shall not leave the jurisdiction of the trial Court without prior permission till completion of the investigation of the case. e) He shall not tamper with the prosecution witnesses either directly or indirectly. f) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 29 CT: BHK