- 1 - NC: 2025:KHC-D:7152 CRL.P No. 101728 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 101728 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: HARISH S/O. MUKAPPA KALAKUTAKAR AGE. 30 YEARS, OCC. ARMED FORCE SERVICE, R/O. HAGEDKATTI ONI, NARAGUND, DIST. GADAG. …PETITIONER (BY SRI. IRANAGOUDA K. KABBUR, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH PSI NARGUND P.S. REPRESENTED STATE PUBLIC PROSECUTOR HIGH COURT BENCH, DHARWAD-580010. …RESPONDENT (BY SRI. RAMESH CHIGARI, AGA) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS (439 OF CR.P.C.) SEEKING TO ALLOWED AND THE PETITIONER/ACCUSED NO.3 ANY PLEASE BE RELEASED ON REGULAR BAIL, IN NARGUND PS CRIME NO.42/2025. PENDING BEFORE THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, GADAG FOR THE OFFENCES PUNISHABLE UNDER SECTION 103(1), 85, 80, 352 R/W. SECTION 3(5) OF BNS, 2023 AND SEC. 3 AND 4 OF DOWRY PROHIBITION ACT, 1961, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA Date: 2025.05.07 13:53:34 +0530 - 2 - NC: 2025:KHC-D:7152 CRL.P No. 101728 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) This petition is filed by accused No.3/petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS-2023’) for grant of bail in Nargund Police Station, Crime No.52/2025, pending before the learned Principal District and Sessions Judge, Gadag, registered for the offences punishable under Sections 103(1), 85, 80, 352 read with Section 3(5) of BNSS-2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961. 2. Learned counsel for the petitioner would submit that the petitioner is very innocent and he is no way concerned to the case and not committed any offence as alleged by the prosecution and he has been falsely implicated in the crime. Perusal of complaint averments does not disclose any of the ingredients of the alleged offence or involvement of the petitioner. It does not disclose any overt act of the petitioner in commission of the alleged offence and there is no material to show the role played by the petitioner. Complaint averments reveals that the case has been manipulated, created, exorbitant facts and reasons are - 3 - NC: 2025:KHC-D:7152 CRL.P No. 101728 of 2025 narrated and one cannot imagine such type of facts. The accused No.3/petitioner never tried to quarrel with the deceased or he never asked to bring dowry. Accused No.3 is the husband of the complaint’s daughter i.e., deceased Pavitra and he is working in the army. The accused was on duty as on the alleged date of incident. Thereafter, on receiving the information about the death of his wife Pavitra, he took permission from his higher officers and came back to Nargund on 06.03.2025 at about 6.00 a.m., and approached the Nargund Police for enquiry. Meanwhile, Nargund Police arrested him in connection with the case without giving any opportunity for explanation. Accused No.3/petitioner was on duty from 24.12.2024 to 05.03.2025. The complainant only to implicate accused Nos.1 to 3 in this case, created a false story in the form of complaint that accused Nos.1 to 3 are giving dowry harassment etc. It is stated that the petitioner is ready to abide by the conditions that would be imposed by this Court. Hence, sought to allow this petition. 3. To substantiate his contention, he has filed a memo with a copy of communication bearing No.16131410P/CF/40/A2 TB III dated 03.05.2025, arrest of service person in respect of Number: 16131410P LANCE NAIK Harish Kalakutagar and employment of - 4 - NC: 2025:KHC-D:7152 CRL.P No. 101728 of 2025 Army No.16131410P LANCE NAIK Harish Kalakutagar on 05.03.2025 and remand application. 4. As against this, learned AGA Sri. Ramesh Chigari submits that investigation is in progress. As per the documents furnished by the petitioner, accused No.3 is in defence. However, the detailed investigation is required. Hence, sought for dismissal of this petition. 5. Having heard arguments on both sides and on perusal of records, the following points would arise for consideration: i) Whether the petitioner made out grounds to grant bail? ii) What order? 6. My answer to the above points are as under: (i) Affirmative. (ii) As per the final order. 7. Point No.(i): On the basis of complaint filed by Nagaraj Durgappa Kotabagi, Nargund Police have registered a case in Crime No.42/2025 against accused Nos.1 to 3 for the commission of offence punishable under Sections 103(1), 85, 80, 352 read - 5 - NC: 2025:KHC-D:7152 CRL.P No. 101728 of 2025 with Section 3(5) of BNS-2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961. The substance of FIR is as under: “¦AiÀiÁð¢üAiÀĪÀgÀÄ vÀªÀÄä ªÀÄUÀ¼ÁzÀ ¥À«vÁæ EªÀ¼À£ÀÄß ¢£ÁAPÀ: 29.05.2023 gÀAzÀÄ C¥Á¢vÀ ºÀjñï PÀ®PÀÄlÖgÀ ¸Á||£ÀgÀUÀÄAzÀ EªÀ£ÉÆA¢UÉ ªÀÄzÀÄªÉ ªÀiÁrPÉÆnÖzÀÄÝ, ªÀÄzÀĪÉAiÀiÁzÀ PÉ® ¢£ÀUÀ¼ÀªÀgÉUÉ C¥Á¢vÀ ºÀjñï EªÀ£ÀÄ vÀ£Àß ºÉAqÀw ¥À«vÁæ EªÀ¼ÉÆA¢UÉ ZÉ£ÁßV EzÀݪÀ£ÀÄ, £ÀAvÀgÀzÀ°è «£ÁPÁgÀt ¥À«vÁæ¼À ªÉÄÃ¯É ¸ÀA±ÀAiÀÄ ªÀiÁr qÀÆånAiÀÄ°èzÁÝUÀ, ¥sÉÆÃ£ï ªÀÄÆ®PÀ ¥À«vÁæ½UÉ CªÁZÀå ¨ÉÊzÁqÀÄwÛzÀÝ£ÀÄ, gÀeÉ ªÉÄÃ¯É HjUÉ §AzÁUÀ, ¥À«vÁæ½UÉ ºÉÆqɧqÉ ªÀiÁrzÀÄÝ EgÀÄvÀÛzÉ, C¥Á¢vÀ ºÀjñÀ£ÉÆA¢UÉ ºÀjñÀ£À vÁ¬Ä ¸ÉÆêÀĪÀé ªÀÄvÀÄÛ ºÀjñÀ£À vÀAzÉ ªÀÄÆPÀ¥Àà EªÀgÀÄ ¥À«vÁæ½UÉ GzÉÝò¹, £À£Àß ªÀÄUÀ £ËPÀj EzÁ£ÀÄ, ¤ªÀÄä C¥Àà CªÀ¤UÉ ªÀgÀzÀQëuÉ K£ÀÆ PÉÆnÖ®è JAzÀÄ »AiÀiÁ½¹ ªÀiÁvÀ£ÁqÀÄvÁÛ, zÉÊ»PÀ ªÀÄvÀÄÛ ªÀiÁ£À¹PÀ »A¸É ¤ÃqÀÄvÀÛzÀÝgÀ®èzÉÃ, vÀªÀgÀÄ ªÀģɬÄAzÀ §AUÁgÀ ªÀÄvÀÄÛ ºÀt vÀgÀĪÀAvÉ ¦Ãr¸ÀÄwÛzÀݪÀgÀÄ, ¢£ÁAPÀ: 05-03-2025 gÀAzÀÄ ¸ÀAeÉ 5- 00 UÀAmÉ ¸ÀĪÀiÁjUÉ C¥Á¢vÀ ¸ÉÆêÀĪÀé ªÀÄvÀÄÛ ªÀÄÆPÀ¥Àà EªÀgÀÄ PÀÆr ¸ÀAUÀ£ÀªÀÄvÀ ªÀiÁrPÉÆAqÀÄ £ÀgÀUÀÄAzÀ ±ÀºÀgÀzÀ ºÀUÉzÀPÀlÖ NtÂAiÀÄ°ègÀĪÀ vÀªÀÄä ªÀÄ£ÉAiÀÄ°è ¥À«vÁæ EªÀ¼À PÀÄwÛUÉ »ZÀÄQ £ÀAvÀgÀ CªÀ½UÉ GgÀ®Ä ºÁQ PÉÆ¯É ªÀiÁrgÀÄvÁÛgÉ. F §UÉÎ, ¸ÀÆPÀÛ vÀ¤SÉAiÀiÁV £ÀªÀÄUÉ £ÁåAiÀÄ zÉÆgÉAiÀÄ®Ä «£ÀAw CAvÁ EvÁå¢ ¦AiÀiÁð¢üAiÀĪÀgÀ ¸ÁgÁA±À EgÀÄvÀÛzÉ.” 8. As per the case of prosecution, alleged incident took place on 05.03.2025 at 6.00 p.m. The complaint came to be filed on 06.03.2025 at 4.00 a.m. 9. The certificate issued by the Colonel Commanding Officer reads as under: Appendix ‘A’ (Refer Para 2 of Training Battalion-III, Mdras Engr Group and Centre letter No. 16131410P/CF/ /A2 TB III dt Apr 2025) EMPLOYMENT OF ARMY NO 16131410P LANCE NAIK HARISH KALAKUTAGAR ON 05 MAR 2025 It is certified that Army Number 1613140P Lance Naik Harish Kalakutagar has been present with Training Battalion-III, Madras Engineer Group & Centre at Bangalore military station on 05 Mar 2025 and was performing the under mentioned bonafide duties. - 6 - NC: 2025:KHC-D:7152 CRL.P No. 101728 of 2025 Time Task Carried by the individual Station 0545 to 0700 hours Attending Morning Physical Training Parade Bangalore 0700 to 0800 hours Breakfast Break Bangalore 0800 to 1900 hours Working in Cook House Bangalore 1930 hrs Proceed on leave to leave to his native place 10. The arrest memo dated 06.03.2025 reveals that on 06.03.2025 at 6.00 a.m., the present petitioner/accused No.3 voluntarily appeared before Nargund Police, by that time, the police have arrested him. The copy of remand application also discloses the same. The documents produced by the petitioner reveals that, at the time of alleged commission of offence, the petitioner was not in his house and he was in service as per the certificate issued by the concerned Commando Officer which is not disputed by the prosecution. For the aforesaid reason, at this stage the petitioner has made out a ground for grant of bail. Hence, I answer point No.(i) in the affirmative 11. Point No.(ii): For the aforesaid reasons, I proceed to pass the following: - 7 - NC: 2025:KHC-D:7152 CRL.P No. 101728 of 2025 ORDER i) The Criminal Petition filed by the petitioner/accused No.3 under section Sections 483 of BNSS-2023 is hereby allowed. ii) The petitioner/accused No.3 shall be released on bail on executing a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Jurisdictional Magistrate pertaining to Crime No.42/2025 of Nargund Police Station. iii) The petitioner/accused No.3 shall make himself available for interrogation by police officer as and when required. iv) The petitioner/accused No.1 shall not directly or indirectly make any inducement, threat or promise on any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court or to the Investigating Officer. Sd/- (G BASAVARAJA) JUDGE PMP/Ct-cmu LIST NO.: 2 SL NO.: 1