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2025 DAILYLAW 38690 (KAR)

RAMAKUMAR v. STATE OF KARNATAKA BY

CRL.P/12829/2025 · 2025-11-12

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46074 CRL.P No. 12829 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12829 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. RAMAKUMAR S/O KEMPEGOWDA AGED ABOUT 30 YEARS R/AT: MARASANDRA VILLAGE HESARAGHATTA HOBLI YALAHANKA TALUK BENGALURU DISTRICT KARNATAKA – 560 064. PERMANENTLY AT: ANAGALPURA VILLAGE, KASBA HOBLI DODDABALLAPURA TALUK BENGALURU DISTRICT KARNATAKA - 561 203. …PETITIONER (BY SRI PRASANNA RAO R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAJANUKUNTE P S REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46074 CRL.P No. 12829 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO RELEASE ON BAIL IN CR.No.211/2025 REGISTERED BY RAJANAKUNTE P.S., PENDING BEFORE II ACJM, BANGALORE RURAL DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 80(2),85 R/W 3(5) OF BNS, 2023, UNDER SECTION 4 OF D.P ACT, 1961. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.1 under Section 483 of BNSS praying to grant bail in Crime No.211/2025 of Rajankunte Police Station registered for offences under Section 80(2), 85 read with Section 3(5) of BNS and Section 4 of Dowry Prohibition Act. 2. Heard learned counsel for petitioner and learned HCGP for respondent/State. 3. Learned counsel for petitioner would contend that accused Nos. 2 and 3 who are in-laws of the deceased and parents of this petitioner have been granted bail by the Sessions Court. The marriage of petitioner with the deceased has taken place on 21.04.2022 and after marriage, the petitioner resided with his parents along - 3 - HC-KAR NC: 2025:KHC:46074 CRL.P No. 12829 of 2025 with his wife deceased Rakshitha. As there were quarrels between deceased and mother of this petitioner he started residing separately along with the deceased in a rented premises. There is no any dowry harassment by this petitioner. The petitioner had borrowed money of Rs.25,000/- to give it to some person and when deceased asked the petitioner to whom he intended to give that money, he told that he intended to give it to some lady and he will bring her to his house. Enraged by that the deceased secured his mother and mother has warned the petitioner. The deceased, upset with the same, has committed suicide. The petitioner on coming to know that the deceased has locked the door, intimated CW1, mother of the deceased and immediately, after coming to know that deceased has committed suicide has taken her to hospital. As the charge sheet is filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. The husband of his younger sister died on 09.08.2025 and therefore, he has to take - 4 - HC-KAR NC: 2025:KHC:46074 CRL.P No. 12829 of 2025 care of his sister. On these grounds, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the statement of witnesses indicate that petitioner has harassing the deceased, demanding dowry and therefore, the deceased committed suicide. The charge sheet material show prima-facie case against the petitioner for offences alleged against him. If the petitioner is granted bail, there is threat to prosecution witnesses. With these she prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. The marriage of the petitioner with deceased Rakshita had taken place on 21.04.2022. The petitioner resided with his parents and deceased Rakshita for about 6 months and thereafter he started residing in a rented house along with the deceased, as there were quarrels between the deceased and his mother. Subsequently, the - 5 - HC-KAR NC: 2025:KHC:46074 CRL.P No. 12829 of 2025 petitioner and deceased shifted to the house belonging CW.9 and they are residing there since one year prior to the date of incident. The voluntary statement of the petitioner indicates that there was quarrel between petitioner and the deceased with regard to he borrowing Rs.25,000/- to give it to some lady and upset by that the deceased has committed suicide. Whether the petitioner has harassed the deceased demanding dowry and abetted her to commit suicide is a matter of trial. The petitioner is in jail since 21.07.2025 and as the charge sheet is filed he is not required for custodial interrogation. The husband of petitioner's sister died on 09.08.2025 and he has to take care of his sister and also old aged parents. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER Petition is allowed. The petitioner is granted bail in Crime No.211/2025 of Rajanukunte police Station, subject to following conditions: - 6 - HC-KAR NC: 2025:KHC:46074 CRL.P No. 12829 of 2025 (i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court. (ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. (iii) The petitioner shall attend the trial court on all dates of hearing, unless exempted and co-operate for speedy disposal of case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 11 Ct.sm