- 1 - HC-KAR NC: 2025:KHC-D:16533 CRL.P No. 104528 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104528 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: MAHADEV S/O. SURESH MANG, AGE. 35 YEARS, OCC. POLICE CONSTABLE, R/O. VIDYA NAGAR, SAPTSAGAR VILLAGE IN ATHANI TQ. BELAGAVI NOW RESIDNG AT RAMTEERTHNAGAR BELAGAVI-590001. …PETITIONER (BY SRI. SHARAD M.PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH SHO, BELAGAVI CITY WOMEN PS. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (482 OF BNSS), PRAYING TO, ALLOW THIS CRIMINAL PETITION AND GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.1 IN THE EVENT OF THEIR ARREST IN CONNECTION WITH CRIME NO.64/2025 OF BELAGAVI CITY WOMEN POLICE STATION, REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 85, 115(2), 118(1), 109, 127(2), 352, 351(2) R/W 3(5) OF THE BHARATIYA NYAYA SANHITA, 2023, AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT, 1961 AND ETC., Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16533 CRL.P No. 104528 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 petitioner is before this Court seeking for grant of anticipatory bail in Crime No.64/2024 of respondent-police for the offences under Sections 85, 115(2), 118(1), 109, 127(2), 352, 351(2) read with Section 3(5) of Bhartiya Nyaya Sanhita, 2023 and Sections 3 and 4 of Dowry Prohibition Act. Brief facts of the case: 2. The case of the prosecution is that, a complaint came to be registered by the wife of the petitioner stating that, on 30.04.2025 she has married the petitioner and started residing in her matrimonial home. The petitioner was harassing her even on pity reasons and it is stated that he was demanding amount of Rs.5,00,000/- as a dowry. - 3 - HC-KAR NC: 2025:KHC-D:16533 CRL.P No. 104528 of 2025 3. It is further stated that, the father-in-law and mother-in-law of the complainant were also instigating the petitioner to commit her murder and also instigating to harass her. It is further state that, the complainant requested her parents and brought Rs.5,00,000/- as additional dowry, as she could not tolerate the harassment from her husband and in-laws. The averments of the complaint further discloses that, the petitioner was kept quiet for a period of one week after she brought Rs.5,00,000/- thereafter, again he started demanding money and he was not giving food to the complainant. It is further stated in the complaint that, whenever the petitioner was going to duty, he used to confine her in the room by locking outside the door. 4. On 10.10.2025 again around about 1.00 p.m., confined her in the room and assaulted with the cane and he has scolded her by using filthy language. Again on 11.10.2025 he has administered 14 tablets, consequently, the complainant became unconscious. Thereafter, she was - 4 - HC-KAR NC: 2025:KHC-D:16533 CRL.P No. 104528 of 2025 in hospital after he regained her consciousness. Hence, a complaint came to be registered against the petitioner. 5. The respondent-police have registered the case for the offences stated supra. The investigation is under progress. 6. Heard Sri. Sharad M. Patil, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent-State. 7. It is the submission of the learned counsel for the petitioner that, the allegations levelled against the petitioner is baseless and bald. In fact, the complainant has narrated the false story and lodged a complaint only in order to harass the petitioner as he is a government servant. 8. It is further submitted that, the complainant lodges a complaint within a period of six months from the date of marriage making some allegations against the petitioner and her in-laws. In fact, she was not interested to continuing the marriage with the petitioner. In order to - 5 - HC-KAR NC: 2025:KHC-D:16533 CRL.P No. 104528 of 2025 come out of the marriage, she is making false allegations. Therefore, it is appropriate to grant him bail by imposing suitable conditions. He will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, prays to allow the petition. 9. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that, the petitioner is working as police constable and he has assaulted the complainant physically and also harassing her mentally within a short period of her marriage. The manner, in which the complainant had been subjected to cruelty in her matrimonial home, has been explained properly in the complaint. Therefore, it is not appropriate to grant him bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 10. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, it is stated that, the complainant had sustained injury after she had been subjected to assault. The - 6 - HC-KAR NC: 2025:KHC-D:16533 CRL.P No. 104528 of 2025 provisions mentioned in the FIR would indicate the severity of the offences. Moreover, the petitioner is a Police Constable seeking anticipatory bail for the offences he has allegedly committed against the complainant. Having considered the gravity of the offences, it is not appropriate to grant anticipatory bail. 11. Accordingly, the petition is rejected. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 1 Sl No.: 28