- 1 - HC-KAR NC: 2025:KHC:42908 CRL.P No. 11882 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 11882 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: MAHANTHESH M @ MAHANTHESH S/O. MANJANNA, AGED ABOUT 29 YEARS, COOLIE, BYARMADU VILLAGE, HIRIYUR TALUK, CHITRADURGA. …PETITIONER (BY SRI. NAVEEN H. M., ADVOCATE) AND: STATE OF KARNATAKA CHITRAHALLI GATE POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRIMINAL PETITOIN IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE HIM ON BAIL IN CR.NO.35/2025 OF RESPONDENT CHITRAHALLI GATE POLICE, REGISTERED IN CC.NO.1318/2025 U/S. 85, 80(2) R/W SEC.190 OF BNS AND D.P ACT AND ETC,. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42908 CRL.P No. 11882 of 2025 CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner – accused No.1 under Section 483 of BNSS praying to grant of bail in Crime No.35/2025 of Chitrahalli Police Station registered for offences punishable under Sections 190, 80(2) and 85 of BNS, 2023 and Sections 3 and 4 of Dowry Prohibition Act. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that accused Nos.2 to 5 who are family members of the petitioner have been granted bail. The charge sheet has been filed and therefore, the petitioner is not required for custodial interrogation. The petitioner is in judicial custody since 14.03.2025. The complaint filed by the mother of the deceased indicate that earlier they were not - 3 - HC-KAR NC: 2025:KHC:42908 CRL.P No. 11882 of 2025 suspecting any involvement of the petitioner in the death of her daughter and subsequently allegations are made only to implicate this petitioner. At the time of preparing inquest, statements of witnesses recorded indicate that no dowry harassment by this petitioner and his family members. With this, he prayed to allow the petition and grant bail to the petitioner –accused. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that charge sheet materials show prima facie case against the petitioner for offences alleged against him. Due to the harassment by this petitioner, the deceased consumed rat poison and died. If the petitioner is granted bail, there are chances of him threatening the complainant and other prosecution process. With this, he prayed to reject the petition. 5. Having heard learned counsels, this Court has perused the charge sheet records and other materials placed on record. - 4 - HC-KAR NC: 2025:KHC:42908 CRL.P No. 11882 of 2025 6. Earlier on the complaint of mother of the deceased, a case came to be registered in UDR No.5/2025 under Section 194(3)(ii) of BNSS and inquest has been conducted over the dead body of the deceased. The statements of witnesses have been recorded at the time of drawing inquest. The said witnesses have not stated any dowry harassment by this petitioner and other accused. In the earlier complaint, what is alleged against the petitioner is that he was not doing any work properly and not taking care of his wife and 09 months child. Subsequently, complaint has been filed making allegations against the petitioner and his family members regarding demand of dowry. The deceased committed suicide by consuming rat poison in her parent’s house. The investigation is completed and charge sheet has been filed. Considering the earlier complaint and statements recorded at the time of preparing inquest mahazar and subsequent filing of the complaint by the mother of the deceased making allegations of dowry demand against this petitioner, The - 5 - HC-KAR NC: 2025:KHC:42908 CRL.P No. 11882 of 2025 petitioner has made out the case for grant of bail with conditions. 7. in the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.35/2025 of Chitrahalli Police Station registered for offences punishable under Sections 190, 80(2) and 85 of BNS, 2023 and Sections 3 and 4 of Dowry Prohibition Act subject to following conditions; a) The petitioner –accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court; b) The petitioner –accused No.1 shall not tamper the prosecution witnesses either directly or indirectly; c) The petitioner –accused No.1 shall attend the trial Court on all dates of hearing unless - 6 - HC-KAR NC: 2025:KHC:42908 CRL.P No. 11882 of 2025 exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 11