- 1 - HC-KAR NC: 2025:KHC-D:12809 CRL.P No. 103485 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103485 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: U. RAMESH S/O U. PRAKASH, AGED ABOUT 32 YEARS, OCC. MECHANIC, R/O. HOSAKERI VILLAGE, TQ. H.B. HALLI, DIST. VIJAYANAGAR-583 201. & PETITIONER (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: STATE OF KARNATAKA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DAHRWAD BENCH, THROUGH H.B. HALLI POLICE STATION, TQ. H.B. HALLI, DIST. VIJAYANAGAR-580 011. & RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. KIRAN M. GOLI AND SMT. LAKSHMIDEVI D., ADVOCATES FOR COMPLAINANT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.1 IN CRIME NO.17/2025 OF HAGARIBOMMANAHALLI POLICE STATION) ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC HAGARI BOMMANAHALLI IN C.C. NO.114/2025, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 80, 85, 108 AND 190 OF B.N.S AND SECTION 3, 4 AND 6 OF THE DOWRY PROHIBITION ACT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12809 CRL.P No. 103485 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in S.C.No.5059 of 2025 pending before the Court of III Additional District and Sessions Judge, Ballari (sitting at Hosapete) arising out of Crime No.17 of 2025 registered by Hagaribommanahalli Police Station, Vijayanagara for offences punishable under Sections 80, 85, 108 and 190 of BNS 2023 and Sections 3, 4 and 6 of Dowry Prohibition Act, is before this Court under Section 483 of BNSS 2023 seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.17 of 2025 was registered by Hagaribommanahalli Police Station, Vijayanagara, initially for offences punishable under Sections 85, 103, 80 and 190 of BNS and Sections 3 and 4 of the Dowry Prohibition Act, against the petitioner and his family members. During the course of investigation of the case, the petitioner hereinafter was arrested on 30.01.2025 and subsequently remanded to judicial custody. After completing - 3 - HC-KAR NC: 2025:KHC-D:12809 CRL.P No. 103485 of 2025 investigation, charge sheet has been filed against 5 persons. Petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court in Criminal Misc.No.5256 of 2025 was rejected on 07.05.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that investigation of the case is already completed. Accused Nos.2 to 5 have been already enlarged on bail in the present case. The petitioner has no criminal antecedent. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP and the learned counsel appearing for respondent No.2 - de-facto complainant have opposed the petition. 6. Learned counsel appearing for the de-facto complainant, who has filed objections opposing the prayer made in the petition, submits that the petitioner is the husband of the deceased. Death has taken place in the - 4 - HC-KAR NC: 2025:KHC-D:12809 CRL.P No. 103485 of 2025 matrimonial house within a period of 7 years from the date of marriage and therefore there is a presumption against the petitioner as provided under Section 113B of the Indian Evidence Act. Victim was harassed and tortured in her matrimonial house, and therefore she was constrained to commit suicide. He submits that victim has left behind a death note. Accordingly, he prays to dismiss the petition. 7. Perusal of the material on record would go to show that marriage of the petitioner with the deceased Gowramma was solemnized on 14.07.2023. It appears that after their marriage initially they were staying with the family members of the petitioner and subsequently they had taken a rented premises and the petitioner and his wife Gowramma were residing separately, in the said rented premises. Gowramma has committed suicide in the aforesaid rented premises on the evening of 29.01.2025 by hanging herself with the help of her saree. According to the prosecution, the deceased had left behind a death note before committing suicide. - 5 - HC-KAR NC: 2025:KHC-D:12809 CRL.P No. 103485 of 2025 8. A reading of the said death note would go to show that Gowramma has alleged that she was being ill- treated and harassed by her in-laws and the petitioner was listening to her in-laws and therefore she was finding it difficult to live. She has stated that her in-laws should be punished and they should not be spared. However she has not made any allegation against her husband and on the other hand she has stated that her husband should not be troubled. It is not in dispute that all the other accused except the petitioner herein have been enlarged on bail in the present case. Petitioner is in custody for the last more than 7 months. Investigation of the case is completed and charge sheet has been filed. Petitioner is said to be working as a Mechanic in KSRTC. Therefore there cannot be any apprehension that he is likely to flee away from justice. Under the circumstances, I am of the opinion that his prayer for grant of regular bail needs to be answered in the affirmative. Accordingly, the following: - 6 - HC-KAR NC: 2025:KHC-D:12809 CRL.P No. 103485 of 2025 ORDER i. Criminal Petition is allowed. ii. The petitioner is directed to be enlarged on bail in S.C.No.5059 of 2025 pending before the Court of III Additional District and Sessions Judge, Ballari (sitting at Hosapete) arising out of Crime No.17 of 2025 registered by Hagaribommanahalli Police Station, Vijayanagara for offences punishable under Sections 80, 85, 108 and 190 of BNS 2023 and Sections 3, 4 and 6 of Dowry Prohibition Act, subject to the following conditions: 1. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; 2. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court - 7 - HC-KAR NC: 2025:KHC-D:12809 CRL.P No. 103485 of 2025 exempts his appearance for valid reasons; 3. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; 4. The petitioner shall not involve in similar offences in future; 5. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 22