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2025 DAILYLAW 49163 (KAR)

DHANUKUMAR @ DHANU @ KUMAR v. THE STATE OF KARNATAKA

CRL.P/13172/2025 · 2025-09-22

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:38082 CRL.P No. 13172 of 2025 C/W CRL.P No. 13165 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13172 OF 2025 C/W CRIMINAL PETITION NO. 13165 OF 2025 IN CRL.P No. 13172/2025 BETWEEN: 1. DHANUKUMAR @ DHANU @ KUMAR S/O VARADARAJU, AGED ABOUT 29 YEARS, R/AT MANNAHALLI VILLAGE, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-571 432. 2. NAGAMMA W/O VARADARAJU, AGED ABOUT 51 YEARS, R/AT MANNAHALLI VILLAGE, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-571 432. …PETITIONERS (BY SRI. K.A. CHANDRASHEKARA, ADVOCATE) AND: THE STATE OF KARNATAKA BY THE POLICE OF NAGAMANGALA RURAL POLICE STATION, MANDYA DISTRICT-571 432, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38082 CRL.P No. 13172 of 2025 C/W CRL.P No. 13165 of 2025 REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT THEM ANTICIPATORY BAIL IN THE EVENT OF HER ARREST IN CRIME NO.122/2025 OF NAGAMANGALA RURAL POLICE STATION, MANDYA DISTRICT, NOW PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, NAGAMANGALA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 108, 54 AND 85 R/W 3(5) OF BNS, 2023. IN CRL.P NO. 13165/2025 BETWEEN: BINDHU H.S. W/O SRINIVASA, AGED ABOUT 23 YEARS, R/AT BILAGUNDA VILLAGE, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-571 432. ...PETITIONER (BY SRI. K.A. CHANDRASHEKARA, ADVOCATE) AND: THE STATE OF KARNATAKA BY THE POLICE OF NAGAMANGALA RURAL POLICE STATION, MANDYA DISTRICT-571 432, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU -560001. ...RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) - 3 - HC-KAR NC: 2025:KHC:38082 CRL.P No. 13172 of 2025 C/W CRL.P No. 13165 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT HER ANTICIPATORY BAIL IN THE EVENT OF HER ARREST IN CRIME NO.122/2025 OF NAGAMANGALA RURAL POLICE STATION, MANDYA DISTRICT, NOW PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, NAGAMANGALA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 108, 54 AND 85 R/W 3(5) OF BNS, 2023. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are seeking anticipatory bail in a case registered against them in Crime No.122/2025 of Nagamangala Rural Police Station, Mandya, for the offence punishable under Section 108, 54, 85 r/w 3(5) of BNS,2023. 2. Crl.P No.13172/2025 is preferred by accused Nos.1 and 2 and Crl.P No.13165/2025 is preferred by accused No.3. 3. Heard both sides and perused the material on record. - 4 - HC-KAR NC: 2025:KHC:38082 CRL.P No. 13172 of 2025 C/W CRL.P No. 13165 of 2025 4. Deceased Shambavi is the wife of accused No.1. Their marriage took place about 12 years prior and in the wedlock, they have two children. It is alleged that during the subsistence of the said marriage, accused No.1 married accused No.3 on 18.08.2025. Accused No.2, mother of accused No.1 is alleged to have arranged the said marriage. It is alleged that accused No.1 has instigated the deceased to jump into the well and being unable to tolerate the torture, she committed suicide by jumping into a well situated in the land of Papanna on 20.08.2025 at about 9.45 p.m. 5. Though it is alleged in the complaint that all the accused are responsible for the deceased to commit suicide, a careful perusal of the complaint averments goes to show that the specific allegation is against accused No.1, husband of the deceased. Despite being already married, he entered into a second marriage with accused No.3. - 5 - HC-KAR NC: 2025:KHC:38082 CRL.P No. 13172 of 2025 C/W CRL.P No. 13165 of 2025 6. In the facts and circumstances, accused Nos.2 and 3, against whom there are omnibus allegations, can be granted the relief. Petitioner No.1/accused No.1 is not entitled for the relief of anticipatory bail. Accordingly the following: ORDER (i) Crl.P No.13172/2025 is partly allowed. (ii) Petition in respect of accused No.1 is rejected and accused No.2 is allowed. (iii) Crl.P No.13165/2025 preferred by accused No.3 is allowed. (iv) In the event of arrest of accused Nos.2 and 3 in Crime No.122/2025 of Nagamangala Rural Police, Mandya, they shall be released subject to following conditions: a) They shall appear before the Investigating Officer within a period of one week from the date of receipt of a copy of the order and shall execute a personal bond for a - 6 - HC-KAR NC: 2025:KHC:38082 CRL.P No. 13172 of 2025 C/W CRL.P No. 13165 of 2025 sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum and shall cooperate with the investigation. b) They shall furnish their residential address/contact number and shall inform the I.O in case of any change in the address/contact number. c) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. d) They shall be regular in attending the Court proceedings. Pending I.As are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/List No.: 1 Sl No.: 53