- 1 - HC-KAR NC: 2025:KHC-D:9338 CRL.P No. 102841 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. 102841 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SRI MUTTURAJ S/O NAGAPPA HUBBALI, AGE: 27 YEARS OCC: COOLIE, R/O: GOTAGI VILLAGE-583 231, TQ: KUSHATAGI, DIST: KOPPAL. … PETITIONER (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: STATE OF KARNATAKA, BY KUSHTAGI P.S., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. … 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 GRANT THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN THE CRIME NO.141/2024 OF KUSHTAGI PS, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 85, 80(2), 103(1), 238 R/W 3(5) OF BNS AND SECTION 4 OF DOWRY PROHIBITION ACT-1961, PENDING ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE, KOPPAL IN SC NO.11/2025, 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:9338 CRL.P No. 102841 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in S.C.No.11 of 2025 pending before the Court of Principal District and Sessions Judge, Koppal arising out of Crime No.141 of 2024 registered by Kushtagi Police Station, Koppal District, for offences punishable under Sections 85, 80, 103, 238 read with Section 3(5) of the BNS 2023 and Section 4 of the 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.141 of 2024 was registered by Kushtagi Police Station, Koppal for the aforesaid offences against the petitioner and his mother, based on the first information dated 20.08.2024 received from Devaraja, who is the brother of deceased Lakshmi. During the course of investigation, the petitioner herein was arrested on 21.08.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has - 3 - HC-KAR NC: 2025:KHC-D:9338 CRL.P No. 102841 of 2025 been filed against the petitioner and his mother for the aforesaid offences. Bail application filed by the petitioner before the Jurisdictional Court in Crl.Misc.No.610 of 2024 was rejected on 29.01.2025. Thereafter, he is before this Court. 4. Perusal of the material on record would go to show that the petitioner is the son of the maternal uncle of deceased. Petitioner and the deceased Lakshmi had loved each other and they had got married on 03.06.2022, before the Jurisdictional Registrar of Marriage and it appears that said marriage was against the wishes of the family members of deceased Lakshmi. Deceased Lakshmi had died on the intervening night of 19.08.2024 and 20.08.2024, and since the first informant who is the brother of deceased suspected foul play in the death of the sister he had approached the police and based on his first information, FIR was registered against the petitioner and his mother for the aforesaid offences. After completing investigation, charge sheet has been filed in the present - 4 - HC-KAR NC: 2025:KHC-D:9338 CRL.P No. 102841 of 2025 case against the petitioner and his mother. Perusal of the material on record, more so, the final opinion with regard to the cause of death of the deceased would go to show that the deceased Lakshmi had committed suicide by hanging herself in the matrimonial house on the intervening night of 19.08.2024 and 20.08.2024. In the first information, it is alleged that the deceased was being ill-treated and tortured in her matrimonial house by the accused persons in furtherance of their demand for bringing dowry. 5. Undisputedly, the marriage between the petitioner and the deceased was a love marriage and the couple are close relatives. From the wedlock, the couple have a girl child, who was aged about 8 months as on the date of registration of FIR. Petitioner, who has no criminal antecedent, is in custody from 21.08.2024. The trial in the case is yet to commence. Petitioner is required to take care of his minor daughter. Allegations found in the charge sheet are required to be proved in a full-fledged trial. - 5 - HC-KAR NC: 2025:KHC-D:9338 CRL.P No. 102841 of 2025 Accused No.2 has been granted regular bail in the present case by the Jurisdictional Sessions Court. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered in the affirmative. Accordingly, the following: ORDER i. Petition is allowed. ii. The petitioner is directed to be enlarged on bail in S.C.No.11 of 2025 pending before the Court of Principal District and Sessions Judge, Koppal arising out of Crime No.141 of 2024 registered by Kushtagi Police Station, Koppal District, for offences punishable under Sections 85, 80, 103, 238 read with Section 3(5) of the BNS 2023 and Section 4 of the Dowry Prohibition Act, subject to the following conditions: a. 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; - 6 - HC-KAR NC: 2025:KHC-D:9338 CRL.P No. 102841 of 2025 b. 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; c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d. The petitioner shall not involve in similar offences in future. e. 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.: 43