- 1 - HC-KAR NC: 2025:KHC-D:18160 CRL.P No. 104807 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104807 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. SRI. SHANKRAPPA S/O. MAHADEVAPPA PUJAR (IN FIR SHANKRAPPA S/O. MAHADEVAPPA POOJAR) AGE. 32 YEARS, OCC. AGRICULTURE, R/O. SUVARNAGIRI TANDA, TQ. SHIRAHATTI, DIST. GADAG-582116. 2. SMT. GEETA W/O. MAHADEVAPPA PUJAR (IN FIR GEETHA W/O. MAHADEVAPPA POOJAR) AGE. 55 YEARS, OCC. AGRICULTURE, R/O. SUVARNAGIRI TANDA, TQ. SHIRAHATTI, DIST. GADAG-582116. …PETITIONERS (BY SRI. NEELENDRA D.GUNDE, ADVOCATE) AND: STATE OF KARNATAKA, BY LAKSHMESHWAR P.S., R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, GRANT THEM REGULAR BAIL IN THE CRIME NO.173/2025 OF LAKSHMESHWAR POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 85, 109 R/W 3(5) OF BNS-2023 AND SECTIONS 3 AND 4 OF DP ACT NOW PENDING BEFORE CIVIL JUDGE AND JMFC COURT LAKSHMESHWAR AND ETC. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18160 CRL.P No. 104807 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioners are as arrayed as accused Nos.1 and 4 seeking for grant of regular bail in Crime No.173/2025 of respondent/Police for the offences under Sections 109, 85 r/w. Section 3(5) of Bharatiya Nyaya Sanhita, 20231 and Sections 3 and 4 of the Dowry Prohibition Act, 19612. Brief facts of the case; 2. The case of the prosecution is that petitioner No.1 is the husband of Smt. Renuka and their marriage was solemnized on 21.04.2025. After the marriage, she started residing in her matrimonial home. Due to differences of opinion between the victim and her husband, she attempted 1 For short ‘BNS, 2023’ 2 For short ‘DP Act’ - 3 - HC-KAR NC: 2025:KHC-D:18160 CRL.P No. 104807 of 2025 to commit suicide in her bathroom on 05.11.2025 at around 7:30 PM. Immediately, she was shifted to the hospital for treatment. Thereafter, information was given to the complainant about the incident. The complainant who is the brother of the victim, had visited the hospital and after obtaining the information regarding the incident, he lodges a complaint against the petitioners and others. 3. Based on the complaint, the respondent/Police have registered a case in Cr.No.173/2025 and conducted investigation. The investigation is under progress. The petitioners are in Judicial Custody since 07.11.2025. 4. Heard Sri. Neelendra D. Gunde, learned counsel for the petitioners and Sri. Jairam Siddi, learned High Court Government Pleader for respondent/State. 5. The submission of learned counsel for the petitioners that Smt. Renuka is out of danger and she is taking treatment in the Hospital and the family of the petitioners are bearing the expenditure, till today. - 4 - HC-KAR NC: 2025:KHC-D:18160 CRL.P No. 104807 of 2025 6. It is further submitted that the allegations levelled against the petitioners are baseless and bald. The reason behind for her to attempt committing suicide is different. However, a false case has been foisted against the petitioners only, in order to implicate them in this case. 7. It is further submitted that Petitioner No.1 is aged about 32 years and he is the sole earning member of his family and he is the permanent resident of Suvarnagiri. Petitioner No.2 is the mother of petitioner No.1 who is aged about 55 years and both are in Judicial Custody. They will abide the conditions imposed by this Court in the event of their release on bail. Making such submissions, learned counsel for the petitioners prays to allow the petition. 8. Per contra, learned High Court Government Pleader for respondent/State vehemently submitted that the incident had taken place within a period of one year from the date of the marriage. Smt. Renuka was forced to commit suicide. However, now, she is out of danger and she - 5 - HC-KAR NC: 2025:KHC-D:18160 CRL.P No. 104807 of 2025 is taking treatment in the hospital. The averments of the complaint would indicate that the petitioners were harassing the victim in one or the other way. Consequently, she attempted to commit suicide. Therefore, it is not appropriate to grant them bail. Making such submissions, learned HCGP prays to reject the petition. 9. Having heard learned counsel for the respective parties and on perusal of the averments of the complaint, it appears that the complainant has narrated the fact that his sister had attempted to commit suicide, as a result of cruelty meted out by her in the matrimonial home. As per the averments of the complaint, the petitioners are responsible for the said attempt to commit suicide. 10. Be that as it may, the fact that the petitioner No.1 after having noticed the attempt of the victim to commit suicide, immediately, he shifted her to the hospital and now, she is out of danger. Having considered the nature and gravity of the offence and also the facts and - 6 - HC-KAR NC: 2025:KHC-D:18160 CRL.P No. 104807 of 2025 circumstances of the case, it is appropriate to grant bail, as prayed for which would take care the apprehension of the prosecution. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioners are ordered to be enlarged on bail in Crime No.173/2025 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- each with one surety each for the likesum to the satisfaction of the Trial Court subject to following conditions; (a) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 7 - HC-KAR NC: 2025:KHC-D:18160 CRL.P No. 104807 of 2025 (b) The petitioners shall appear before the Trial Court on all hearing dates, without fail. In case, if the petitioners violate any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 10