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2025 DAILYLAW 41714 (KAR)

PAVAN KUMAR v. STATE OF KARNATAKA THROUGH HEBBAGODI PS

CRL.P/9536/2025 · 2025-07-24

S Vishwajith Shetty

Public Interest Litigationbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28347 CRL.P No. 9536 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9536 OF 2025 BETWEEN: 1. PAVAN KUMAR S/O NAGARAJU M. AGED ABOUT 33 YEARS 2. NAGARAJU M. S/O LATE MUNIYAPPA AGED ABOUT 62 YEARS 3. NAGAMANI V. W/O NAGARAJUM AGED ABOUT 55 YEARS 4. SHRUTHI D/O NAGARAJU M. AGED ABOUT 30 YEARS NO.23, 24, KIADB VASATHI GRUHA BACKSIDE BOMMASANDRA, SARJAPURA HOBLI BENGALURU DISTRICT-560 099. …PETITIONERS (BY SRI. K.S.KARTHIK KIRAN, ADVOCATE FOR SRI. KAPIL DIXIT, ADVOCATE) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28347 CRL.P No. 9536 of 2025 AND: 1. STATE OF KARNATAKA THROUGH HEBBAGODI PS ELECTRONIC CITY, BENGALURU BOMMASANDRA KARNATAKA-560 099. REPRESENTED BY SPP HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI BANGALORE-560 001. 2. THANUJA N. W/O PAVAN KUMAR AGED ABOUT 28 YEARS RESIDING AT NO.23, 24 KIADB, VASATHI GRUHA BACKSIDE BOMMASANDRA, SARJAPURA HOBLI BENGALURU DISTRICT-560 099. …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R1) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ALLOW THE PETITION AND DIRECT THE RELEASE OF THE PETITIONERS HEREIN ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST BY THE HEBBAGODI P.S. IN THE FIR AND COMPLAINT DATED 12.06.2025 REGISTERED IN CR.NO.295/2025 IN ANNEXURE A(1) AND ANNEXURE A(2) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 351(1), 3(5), 352, 91 AND 85 OF THE BNS, 2023 AND SECTIONS 3 AND 4 OF THE DP ACT, WHICH IS NOW PENDING ON THE FILE OF THE HON'BLE 2ND ADDL.CIVIL JUDGE (JR.DN) AND JMFC ANEKAL, BANGALORE RURAL AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:28347 CRL.P No. 9536 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 to 4 in Crime No.295/2025 registered by Hebbagodi Police Station, Bengaluru for offences punishable under Sections 115(2), 351(2), 3(5), 91 and 85 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961, are before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhit, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. F.I.R. in Crime No.295/2025 was registered by Hebbagodi Police Station, Bengaluru for the aforesaid offences against the petitioners herein based on the first information dated 12.06.2025 received from Smt. Tanuja N., who is the wife of accused No.1/petitioner No.1. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.5269/2025 before the jurisdictional Sessions Court which was rejected on 30.06.2025. Therefore, they are before this Court. - 4 - HC-KAR NC: 2025:KHC:28347 CRL.P No. 9536 of 2025 4. Perusal of the material on record would go to show that the marriage of the petitioner No.1 with the first informant was solemnized on 04.04.2024. The allegation in the first information is that after the marriage, the accused persons were demanding dowry from the first informant and were ill treating her. She has alleged that her husband is addicted to vices and he was in a habit of partying with his friends. The allegation is also made that the accused persons had forced the victim girl for termination of her pregnancy. 5. Learned counsel for the petitioners has produced certain records before this Court in support of his contention that first informant is suffering from certain medical complications and her pregnancy was terminated with her consent. Considering the aforesaid aspects of the matter, this Court had granted interim bail to the petitioners on 09.07.2025. Learned counsel for the petitioners submits that petitioners have complied with the terms of the interim bail granted to them and they have already appeared before the Investigation Officer and co-operated for the purpose of investigation. - 5 - HC-KAR NC: 2025:KHC:28347 CRL.P No. 9536 of 2025 6. Considering the aforesaid aspects of the matter, I am of the view that the prayer made by the petitioners for grant of anticipatory bail is to be answered in affirmative. Accordingly the following: ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.295/2025 registered by Hebbagodi Police Station for the offences punishable under Sections 115(2), 351(2), 3(5), 352, 91 and 85 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961, 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. - 6 - HC-KAR NC: 2025:KHC:28347 CRL.P No. 9536 of 2025 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. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE PGG List No.: 1 Sl No.: 58