- 1 - NC: 2025:KHC:9549 CRL.P No. 13141 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13141 OF 2024 BETWEEN: SHABAZ, S/O LATE MR. MOHAMMED SYED NOOR, AGED ABOUT 28 YEARS, RESIDENT OF KOTE BEEDHI, SARJAPURA VILLAGE, ANEKAL TALUK, BANGALORE DISTRICT, PIN:562125. …PETITIONER (BY SRI MALLESAPPA L, ADVOCATE) AND: THE STATE OF KARNATAKA, BY SARJAPURA POLICE, SARJAPURA, ANEKAL TALUK, BANGALORE DISTRICT, PIN 562125, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560012. …RESPONDENT (BY SMT N ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ORDER FOR THE RELEASE OF THE PETITIONER ON BAIL WHO IS ARRAYED AS ACCUSED NO.1 IN CR.NO.235/2024 OF THE RESPONDENT - POLICE (C.C.NO.7280/2024, ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, ANEKAL, BNAGALORE RURAL DISTRICT) FOR THE OFFENCE P/U/S 498A AND 304B R/W SEC. 34 OF IPC AND ALSO U/S 3 AND 4 OF D.P. ACT, WHO IS IN JUDICIAL CUSTODY BY ALLOWING THE ABOVE PETITION AND ETC. Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:9549 CRL.P No. 13141 of 2024 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.235/2024 registered by Sarjapura Police Station, Bengaluru District for the offence punishable under Sections 304B, 498A read with Section 34 of Indian Penal Code, 1860 (for short 'IPC') and Sections 3 and 4 of Dowry Prohibition Act, 1961 (for short 'DP Act') is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent - State. 3. FIR in Crime No.235/2024 was registered against the petitioner and two others based on the first information dated 20.06.2024 received from Sanaulla who is the father of deceased Riana. During the course of investigation of the case, the petitioner herein was arrested on 21.06.2024 and subsequently remanded to judicial custody. Investigation of - 3 - NC: 2025:KHC:9549 CRL.P No. 13141 of 2024 the case is completed and charge sheet has been filed against three persons. Petitioner herein is arrayed accused No.1 in the charge sheet. 4. The bail application filed by the petitioner under Section 439 of Criminal Procedure Code before the jurisdictional Court in Crl.Misc.No.5439/2024 is dismissed on 23.10.2024. It is under these circumstances, the petitioner is before this Court seeking regular bail. 5. Learned counsel for the petitioner reiterated the grounds urged in the petition and prays for grant of regular bail. 6. Per contra, learned High Court Government Pleader has seriously opposed the bail petition and prays for dismissal of the petition. 7. Perusal of the material on record would go to show that the marriage of the petitioner with deceased Riana was performed on 23.05.2024 and in the first information, it is alleged that at the time of marriage, dowry was paid to the petitioner as per the demand made. It is also averred - 4 - NC: 2025:KHC:9549 CRL.P No. 13141 of 2024 that after the marriage, Riana was ill-treated and tortured in her matrimonial house and demand was made to bring additional dowry. However, in the first information, there is no mention of any specific incident, wherein the accused persons had ill-treated or tortured Riana in furtherance of their demand to bring additional dowry. In the first information, it is mentioned that on 17.06.2024 deceased Riana and the petitioner herein had come to the house of the first informant to celebrate Bakrid Festival. It is also mentioned that on the said day, Riana had not made any complaint to the first informant. Thereafter, on 19.06.2024, at about 04:00 p.m., Riana had telephoned to her mother and had spoken to her and she had not made any complaint even on the said date. Subsequently, at about 07:00 p.m. on the very same day, she had committed suicide by hanging herself in the matrimonial house. 8. The petitioner who has no other criminal antecedents is in custody from 20.06.2024. Investigation in the case is complete and charge sheet has been filed. Under the circumstances, I am of the opinion that petitioner's - 5 - NC: 2025:KHC:9549 CRL.P No. 13141 of 2024 prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner/accused No.1 is directed to be released on bail in respect of Crime No.235/2024 registered by Sarjapura Police Station, Bengaluru District for the offence punishable under Sections 304B, 498A read with Section 34 of IPC and Sections 3 and 4 of DP Act, subject to the following conditions:- a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; 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; - 6 - NC: 2025:KHC:9549 CRL.P No. 13141 of 2024 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; Sd/- (S VISHWAJITH SHETTY) JUDGE GVP List No.: 1 Sl No.: 43