- 1 - NC: 2025:KHC-D:7220 CRL.P No. 100953 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF MAY 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 100953 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MANU @ MANU B.V S/O. VIRUPAKSHI AGED 27 YEARS, OCC: FARMER, R/O. 1ST WARD, NEAR UCHHARAYANAKATTE RAMSAGAR VILLAGE, KAMPLI TALUK, BALLARI DIST- 583132. …PETITIONER (BY SRI. B.ANWAR BASHA, ADVOCATE) AND: THE STATE OF KARNATAKA (THROUGH KAMPLI P.S. BALLARI), R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580001. …RESPONDENT (BY SRI. PRAVEEN Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CRPC (U/SEC. 483 OF BNSS, 2023) SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN CRIME NO.112/2024 REGISTERED BY KAMPLI PS BALLARI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 80(2), 85, 190 OF BNS PENDING TRIAL OF THE SAID CASE, BEFORE THE ADDL. SENIOR CIVIL JUDGE AND JMFC AT HOSAPETE, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.05.23 10:28:01 +0530 - 2 - NC: 2025:KHC-D:7220 CRL.P No. 100953 of 2025 THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) seeking bail. 2. The petitioner is accused No.1 in Crime No.112/2024 before Kampli Police Station. The FIR was registered on 04.09.2023 for the alleged offence under Section 80(2), 108, 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, (for short, ‘the BNS’). The complaint is filed against six persons in all. 3. The complaint is lodged by the father of the victim. The complaint would reveal that complainant’s daughter-Netra was married to present petitioner and the marriage was solemnized on 28.03.2024. It is alleged that the petitioner and his family members were harassing and insisting for dowry from the victim. The complaint would also reveal that the complainant being poor could not - 3 - NC: 2025:KHC-D:7220 CRL.P No. 100953 of 2025 afford to the demand made by the accused and his family members. However, Rs.12,000/- was allegedly paid to brother of the petitioner and despite such payment being made, the family members of the petitioner and the petitioner were harassing the victim and on 04.09.2024 the complainant received phone call from accused No.7 stating that the complainant’s daughter locked herself in a room and she is not responding to any call from the family members. The complainant further states that after he went to the home of the petitioner, the door was broken and the victim i.e. his daughter has found hanging to the ceiling fan. Thus, the complaint is lodged against the petitioner and his family members alleging offences punishable under Sections 80(2), 108, 85 and 3(5) of the BNS. The bail petition filed before learned Sessions Judge is rejected. Hence, the present petition is filed. 4. It is noticed that the petitioner is arrested on 06.09.2024. The Police have conducted the investigation - 4 - NC: 2025:KHC-D:7220 CRL.P No. 100953 of 2025 and have filed charge sheet against petitioner and six other persons. 5. Learned counsel appearing for the petitioner submitted that the contents of the complaint would not disclose any serious threat or harassment against victim and the cause of death cannot attributed to the alleged threat or harassment referred to in the complaint. 6. It is his further submission that the remaining accused are already on bail and investigation is over and charge sheet is filed. The Contents of the charge sheet would also do not indicate that the victim committed suicide on account of alleged harassment said to have been caused by the petitioner and his family members. 7. He would further submit that the petitioner is ready and willing to abide by any of the terms and conditions to be imposed for release of the petitioner on bail. Thus, would urge petitioner be enlarged on bail. 8. Learned High Court Government Pleader for respondent-State on the other hand would submit that - 5 - NC: 2025:KHC-D:7220 CRL.P No. 100953 of 2025 there is a presumption under Section 80(2) of the BNS, “in case death has taken place within even seven years from the date of marriage and if such death is unnatural death, the presumption is the husband and his family members are responsible for the unnatural death”. 9. It is also further submission that in case petitioner is released on bail, there is every possibility that the petitioner would threaten witnesses and will interfere in the course of trial. Thus, he would urge to dismiss the petition. 10. This Court has considered the contentions raised in the bar and perused the records. 11. Admittedly, petitioner is arrested on 06.09.2025. Investigation is over and charge sheet is filed. It is not the case of the prosecution that the petitioner was convicted earlier for any of the offence. The offences alleged are punishable with imprisonment of seven years. 12. It is also noticed that the petitioner is an agriculturist having deep roots in his native place. No - 6 - NC: 2025:KHC-D:7220 CRL.P No. 100953 of 2025 material is placed before the Court to hold that the petitioner is likely to flee from the place where he was residing. 13. It is also noticed that remaining accused are already on bail. Allegation against the remaining accused and allegation against the petitioner are one and the same. 14. These being the factual position the petitioner have made out prima facie case for grant of bail. Under these circumstances, the following order is passed. ORDER The petition is allowed. The petitioner is granted bail in Crime No.112/2024, registered before Kampli Police Station, Ballari subject to the following conditions: i) The petitioner shall be released on bail on furnishing bail of Rs.1,00,000/- and two - 7 - NC: 2025:KHC-D:7220 CRL.P No. 100953 of 2025 sureties for the like sum to the satisfaction of the trial Court. ii) The petitioner shall mark his attendance before the trial Court on every hearing date unless exempted from attending. iii) Petitioner shall not threaten or destroy any evidence. iv) Petitioner shall co-operate with the disposal of the case pending before III Additional District and Sessions Judge, Ballari sitting at Hosapete. Sd/- (ANANT RAMANATH HEGDE) JUDGE AC Ct:vh List No.: 1 Sl No.: 6