- 1 - HC-KAR NC: 2025:KHC-D:9443 CRL.P No. 102478 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102478 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SADIQ ALI S/O BARAKATI ALI BANTAWALE, AGE: 29 YEARS, OCC: RAILWAY EMPLOYEE, R/O: 5TH CROSS, BYALI PLOT, MANTUR ROAD, TQ: HUBBALLI, DIST: DHARWAD-580 020. … PETITIONER (BY SRI. GOURISHANKAR H. MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, HD CITY WOMEN POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, 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 ACCUSED NO.1/PETITIONER ON REGULAR BAIL IN HD CITY WOMEN POLICE CRIME NO.002/2025 PENDING ON THE FILE OF COURT OF III ADDL. CIVIL JUDGE AND JMFC, AT HUBBALLI IN C.C. NO.3804/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 80, 85, 115(2), 352 R/W SECTION 3(5) OF BHARATIYA NYAYA SANHITA, 2023 AND UNDER SECTION 4 OF DOWRY PROHIBITION ACT, 1961, IN THE INTEREST OF JUSTICE. 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: 2025.08.02 11:44:55 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9443 CRL.P No. 102478 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in Crime No.2/2025 registered by Hubballi Dharwad City Women Police Station, Hubballi Dharwad District for offences punishable under Sections 80, 85, 115(2), 352 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 4 of Dowry Prohibition Act, 1961 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.2/2025 was registered by Hubballi Dharwad City Women Police Station, Hubballi Dharwad District initially for offences punishable under Sections 85, 115(2), 352 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 4 of Dowry Prohibition Act, 1961 against the petitioner herein and his family members based on the first information dated 20.01.2025 received from Haleema Choudhari, who is the - 3 - HC-KAR NC: 2025:KHC-D:9443 CRL.P No. 102478 of 2025 mother of the deceased Smt. Kousar Bantawale. It appears that Smt. Kousar who had attempted to commit suicide on 20.01.2025 had died in the hospital on 21.01.2025 and thereafter, offence punishable under Section 80 of Bharatiya Nyaya Sanhita, 2023 was invoked in the present case against the accused. During the course of investigation, the petitioner was arrested on 20.01.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against six persons and petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court in Crl. Misc.No.5342/2025 was rejected on 18.06.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner is employed in Indian Railways. He has no other criminal antecedents. Deceased who had left her matrimonial house was brought back by the petitioner to the matrimonial house on the evening of 19.01.2025. - 4 - HC-KAR NC: 2025:KHC-D:9443 CRL.P No. 102478 of 2025 Deceased attempted to commit suicide on 20.01.2025 at about 04:30 p.m. Investigation of the case is completed. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed to the bail petition. She submits that the death is within a period of seven years from the date of marriage and therefore, there is a presumption against the petitioner under law. Accordingly, she prays to dismiss the petition. 6. Perusal of the material on record would go to show that marriage of the petitioner with deceased Smt. Kousar was performed on 09.05.2018 and from the said wedlock, the couple have two children aged about 5 years and 4 years respectively. It appears that the couple had a strained relationship and therefore, Smt. Kousar had left her matrimonial house and was staying in her parental house. On 19.01.2025, petitioner had gone to his in-laws house and after a panchayat was held, his wife was sent along with him and on the evening of 19.01.2025, petitioner had brought his wife along with him to her - 5 - HC-KAR NC: 2025:KHC-D:9443 CRL.P No. 102478 of 2025 matrimonial house. However, on the next day at about 04:30 p.m., Smt. Kousar had attempted to commit suicide by hanging herself in her matrimonial house. Immediately thereafter the petitioner and others had shifted her to a hospital. However, she had died in the hospital on the next day i.e., on 21.01.2025. Investigation of the case is completed and charge sheet has been filed. Petitioner who has no other criminal antecedent and who is a central government employee is in custody from 20.01.2025. He is required to take care of his minor children who are aged about 5 years and 4 years respectively. The alleged offences are not exclusively punishable with death or life imprisonment. All the other accused persons have been granted bail by this 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 Criminal Petition is allowed. - 6 - HC-KAR NC: 2025:KHC-D:9443 CRL.P No. 102478 of 2025 Petitioner is directed to be enlarged on bail in C.C. No.3804/2025 pending before the Court of III Additional Civil Judge and JMFC, Hubballi arising out of Crime No.2/2025 registered by Hubballi Dharwad City Women Police Station for offences punishable under Sections 80, 85, 115(2), 352 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 4 of Dowry Prohibition Act, 1961, subject to the following conditions: i. The petitioner 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; 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. - 7 - HC-KAR NC: 2025:KHC-D:9443 CRL.P No. 102478 of 2025 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.: 22