- 1 - HC-KAR NC: 2025:KHC-D:9355 CRL.P No. 102846 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102846 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHIVASHANKRAPPA S/O. GANGAPPA KOTIMANI, AGE: 27 YEARS, OCC: AGRICULTURE, R/O: HOUNSHI VILLAGE, DIST: HAVERI. … PETITIONER (BY SRI. RAM P. GHORPADE, SRI. GEERISH C. KATTIMANI AND SMT. AKSHATA M. SURYAVANSI, ADVOCATES) AND: THE STATE OF KARNATAKA, BY GUTTAL P.S., HAVERI, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ENLARGE THE PETITIONER ON BAIL WHO IS ACCUSED NO.1 IN CRIME NO.24/2025 (C.C. NO.1378/2025) OF GUTTAL POLICE STATION, DIST: HAVERI, PENDING BEFORE THE ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT HAVERI FOR THE ALLEGED OFFENCES UNDER SECTIONS 115(2), 75, 80, 108, 85, 352, 3(5) OF BNS AND R/W 3, 4 OF DOWRY PROHIBITION ACT, 1961, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.01 12:04:50 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9355 CRL.P No. 102846 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in Crime No.24/2025 registered by Guttal P.S., Haveri District for offences punishable under Sections 115(2), 118(1), 75, 80, 85, 352, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of Dowry Prohibition Act, is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.24/2025 registered by Guttal P.S., Haveri District for the aforesaid offences against the petitioner and others based on the first information dated 08.02.2025 received from Bangaramma, mother of deceased Rekha. During the course of investigation, petitioner was arrested on 09.02.2025 and subsequently remanded to judicial custody. After completion of investigation, charge sheet has been filed against him and his family members for the aforesaid offences. His bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.397/2025 was rejected on 19.06.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:9355 CRL.P No. 102846 of 2025 4. Perusal of the material on record would go to show that the marriage of the petitioner with the deceased Rekha was solemnized on 06.04.2022. It appears that the couple had no issues from the wedlock. In the first information, as well as in the charge sheet which has been filed against the accused, it is alleged that accused persons had taken dowry at the time of marriage and they were also demanding additional dowry from the deceased. In the first information which is filed by the mother of the deceased, she has specifically alleged that since her daughter Rekha had not given birth to a child, she was being harassed and tortured in her matrimonial house. The deceased had committed suicide in the matrimonial house by consuming some poisonous oil. Postmortem report of the deceased would reveal that death was due to respiratory failure as a result of consumption of substance containing paraquat (herbicide). Petitioner aged about 27 years, has no other criminal antecedents. He is in custody from 10.07.2024. All other accused persons have been granted bail in the present case. Case before the Trial Court is still at the stage of hearing the charge. The alleged offences are not exclusively punishable with death or life imprisonment. Under the circumstances, I am - 4 - HC-KAR NC: 2025:KHC-D:9355 CRL.P No. 102846 of 2025 of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal petition is allowed. Petitioner is directed to be enlarged on bail in C.C. No.1378/2025 pending before the Court of Additional Civil Judge and JMFC Court, Haveri, arising out of Crime No.24/2025 registered by Guttal Police Station, Haveri for offences punishable under Sections 115(2), 118(1), 75, 80, 85, 352, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of Dowry Prohibition Act, subject to the following conditions: i. The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 5 - HC-KAR NC: 2025:KHC-D:9355 CRL.P No. 102846 of 2025 iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioner shall not involve in similar offences in future. v. 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 Rsh/CT:BCK LIST NO.: 1 SL NO.: 56