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2025 DAILYLAW 42212 (KAR)

SRI K MALLAPPA v. STATE OF KARNATAKA

CRL.P/14488/2025 · 2025-11-13

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46417 CRL.P No. 14488 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14488 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI K MALLAPPA S/O LATE KENCHAPPA AGED ABOUT 75 YEARS, LINGAYITARA BIDI, NANJANGUD TALUK, BILIGEREHOBLI CHINNAMBALLI VILLAGE MYSURU DISTRICT-571 119. 2. SMT. GURUPADAMMA W/O K.MALLAPPA AGED ABOUT 72 YEARS, RESIDING AT NANJANAGUDU TALUK, BILIGERE HOBLI, CHINNAMBALLI MYSURU DISTRICT-571119. 3. SMT. MAMATHA DHANALAKSHMI M URF MAMATHA W/O CHANDRAMOULEESHA AGED ABOUT 50 YEARS. 4. SRI CHANDRAMOULESHA M C S/O LATE CHINNASWAMAPPA AGED ABOUT 55 YEARS, BOTH PETITIONER No.3 AND 4 ARE RESIDING AT CHUNGADIPURA ROAD, NEAR GRAMA PANCHAYATH OFFICE, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46417 CRL.P No. 14488 of 2025 SHANTHEMARAHALLI VILLAGE AND HOBLI CHAMARAJA NAGARA TALUK AND DISTRICT-571 115. 5. SMT. M SOWMYA W/O VRUSHABENDRASWAMY M AGED ABOUT 40 YEARS, RESIDING AT KOLLEGALA TALUK, NO. 51, HALE HAMPAPURA VILLAGE, KASABA HOBLI, HAMPAPURA, MULLURU CHAMARAJANAGARA DISTRICT-571 442. 6. VRUSHABENDRASWAMY M S/O MAHADEVAPPA AGED ABOUT 48 YEARS LINGAYAT STREET HALE HAMPAPURA GRAMA MULLURU POST, MULLURU CHAMARAJANAGARA DISTRICT-571 442. NOTE IN THE CRL.MISC NO.1471/25 ORDER COPY ACCUSED NO.7 NAME IS WRONGLY MENTIONED AS VRUSHABENDRA M. HENCE WE MENTIONED ACCUSED NO.7 AS PER AADHAR CARD. …PETITIONERS (BY SRI. KASHINATH J D, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KOWLANDE POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA AT BENGALURU -560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) - 3 - HC-KAR NC: 2025:KHC:46417 CRL.P No. 14488 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THE ABOVE PETITION ACCORDINGLY GRANT PROTECTION FROM ARREST BY WAY OF ANTICIPATORY BAIL IN CASE OF THEIR ARREST IN CR.No.124/2025 REGISTERED BY THE RESPONDENT KOWLANDE POLICE, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 85,80,103,190 OF BNS, 2023, UNDER SECTION 3,4,6 OF D.P ACT, 1961, REGISTERED ON THE COMPLAINT DTD 11.09.2025 PENDING ON THE FILE OF ADDL. CIVIL JUDGE (SR.DN) AND CJM COURT, NANJANGUD, MYSORE DISTRICT. 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 petitioners -accused Nos.2 to 7 under Section 482 of BNSS praying to grant anticipatory bail in respect of Crime No.124/2025 of Kowlande Police Station registered for offences punishable under Sections 85, 80, 103, 190 of BNS and Sections 3,4 and 6 of Dowry Prohibition Act. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. - 4 - HC-KAR NC: 2025:KHC:46417 CRL.P No. 14488 of 2025 3. Learned counsel for the petitioner would contend that the petitioner Nos.1 and 2 are in laws of deceased. Petitioner Nos.3 and 5 are sisters of accused No.1 and daughters of accused Nos.2 and 3. Petitioner No.4 is husband of petitioner No.3 and petitioner No.6 is husband of petitioner No.5. Petitioner Nos.3 to 6 -accused Nos.4 to 7 were residing in Chamarajnagar and they not resided with the deceased, and accused Nos.1 to 3 were residing at Nanjangudu taluk. Except allegation of demand of dowry, there are no other allegations against petitioners. The deceased was taking treatment for her psychiatry problem from 26.02.2024 till 12.08.2025. Petitioner No.1 is aged 75 years and petitioner No.2 is aged 72 years. The investigation is almost completed. There are no criminal antecedents of the petitioners. With these, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent -State would contend that the marriage of the deceased with accused No.1 has taken - 5 - HC-KAR NC: 2025:KHC:46417 CRL.P No. 14488 of 2025 place on 30.06.2021. The deceased was taking treatment for a psychiatric problem during 2024-25. The petitioners are required for investigation. With this, she prayed for rejection of the petition. 5. Having heard learned counsels, the Court has perused FIR, complaint and other materials placed on record. 6. The petitioners Nos.1 to 6 are accused Nos.2 to 7. The allegation against the petitioners is that they are demanding dowry and harassing the deceased. Address of accused Nos.4 to 7 mentioned in the Aadhar Card indicates that they are residing in Chamarajnagar District. The deceased was residing with her husband and in-laws in Nanjangudu taluk. There are no serious allegations against the petitioners except demand of dowry. The major portion of the investigation is over. The petitioners have undertaken to co-operate with the Investigating Officer in the investigation. There are no criminal antecedents of the petitioners. The offences alleged - 6 - HC-KAR NC: 2025:KHC:46417 CRL.P No. 14488 of 2025 against petitioners are not punishable either with death or imprisonment for life. Considering the above aspects, the petitioners have made out case for grant of anticipatory bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioners are ordered to be released on bail in the event of their arrest in Crime No.124/2025 of Kowlande Police Station subject to following conditions; a) Petitioners –accused Nos.2 to 7 shall voluntarily appear before the Investigating Officer within 15 days from this day and execute a bail bond for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the Investigating Officer. b) Petitioners –accused Nos.2 to 7 shall co-operate with the Investigating Officer in the investigation. - 7 - HC-KAR NC: 2025:KHC:46417 CRL.P No. 14488 of 2025 c) Petitioners –accused Nos.2 to 7 shall not directly or indirectly make an inducement or threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such a facts to the court or police officer or tamper with evidence. d) Petitioners –accused Nos.2 to 7 shall attend the police station whenever called for. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 18 Ct.sm