- 1 - HC-KAR NC: 2025:KHC-D:9446 CRL.P No. 102483 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. 102483 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SRI. AMOGHAVARSHA S/O NATARJ PATIL, AGE: 35 YEARS, OCC: STUDENT, R/O: NRUPATUNGA NILAYA, 3RD CROSS, FAKKIRESHWAR NAGAR, SHIRAHATTI, NOW AT: H.NO.22, MANGESH NILAYA, RAJANGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. … PETITIONER (BY SRI. VISHWANATH S. BICHAGATTI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH POLICE-INSPECTOR, ASHOKNAGAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL ON SUCH TERMS AND CONDITIONS AS DEEMS FIT IN S.C. NO.5016/2025 PENDING BEFORE THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT: HUBBALLI, ARISING OUT OF CR. NO.75/2024 AT ASHOKNAGAR P.S., HUBBALLI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 80, 85 R/W SECTION 3(5) OF BNS AND SECTION 3 AND 4 DOWRY PROHIBITION ACT TO MEET THE ENDS 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:9446 CRL.P No. 102483 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in S.C. No.5016/2025 pending before the Court of I Additional District and Sessions Judge, Dharwad, sitting at Hubballi arising out of Crime No.75/2024 registered by Ashoknagar Police Station, Hubballi Dharwad District for offences punishable under Sections 80 and 85 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 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.75/2024 was registered by Ashoknagar Police Station, Hubballi Dharwad District for the aforesaid offences against the petitioner and his family members based on the first information dated 27.09.2024 received from Mallanagouda Patil, father of the deceased Vanishree Patil, who was the wife of petitioner herein. - 3 - HC-KAR NC: 2025:KHC-D:9446 CRL.P No. 102483 of 2025 During the course of investigation, the petitioner was arrested on 29.09.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against the accused and petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the Trial Court in S.C. No.5016/2025 was rejected on 07.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the material on record would go to show that on petty issues, the husband and wife were quarrelling with each other and on the date of alleged incident also, petitioner and his wife had quarrelled on a petty issue. He submits that deceased was in the habit of consuming alcohol and even her postmortem report would reveal the same. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the bail petition. She submits that death has occurred within a - 4 - HC-KAR NC: 2025:KHC-D:9446 CRL.P No. 102483 of 2025 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 the deceased Vanishree was solemnized on 19.11.2020 and from the said wedlock, they have a male child aged about 2½ years. Vanishree had committed suicide in her matrimonial house by hanging herself on 27.09.2024. From a perusal of the material on record would go to show that the couple used to quarrel with each other on petty issues. In the first information, an omnibus allegation with regard to demand for dowry has been made. On the alleged date of incident, the petitioner had called the first informant and informed that his wife, was quarrelling with him unnecessarily and also destroying the articles which were in the house. 7. After the petitioner was arrested, his confession statement has been recorded and he has been specifically stated that Vanishree was in the habit of consuming - 5 - HC-KAR NC: 2025:KHC-D:9446 CRL.P No. 102483 of 2025 alcohol and was quarrelling with him. Postmortem report of the deceased would also reveal that she had consumed alcohol on the date of alleged incident. Investigation of the case is completed and charge sheet has been filed. Petitioner who has no other criminal antecedent is in custody from 29.09.2024 onwards. The other accused persons in the present case have been granted bail. The alleged offences are not exclusively punishable with death or imprisonment of life. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal Petition is allowed. Petitioner is directed to be enlarged on bail in S.C. No.5016/2025 pending before the Court of I Additional District and Sessions Judge, Dharwad, sitting at Hubballi arising out of Crime No.75/2024 registered by Ashoknagar Police Station for offences punishable under Sections 80 - 6 - HC-KAR NC: 2025:KHC-D:9446 CRL.P No. 102483 of 2025 and 85 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 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. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 23