- 1 - HC-KAR NC: 2025:KHC-D:18156 CRL.P No. 104737 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.104737 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI. RAJU S/O. LAKKAPPA NAYAK, AGE. 36 YEARS, OCC. BUSINESS, R/O. KALAKHAMB VILLAGE, TAL. AND DIST. BELAGAVI-591103. …PETITIONER (BY SRI. SHADAB HASANSAB YADAWAD, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH MARIHAL POLICE STATION, BELAGAVI, NOW REP BY SPP, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO, RELEASE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN FIR CRIME NO.134/2025 REGISTERED BY THE RESPONDENT MARIHAL POLICE STATION, BELAGAVI, REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 85, 80, 108, 190 OF BNS, AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, THEREBY SETTING ASIDE ORDER DATED 15.11.2025 PASSED IN CRI.MISC NO.1413/2025 PASSED BY THE VI ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18156 CRL.P No. 104737 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 regular bail in Crime No.134/2025 of respondent- police for the offence under Sections 85, 80, 108, 190 of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘BNS’)and Sections 3 and 4 of the Dowry Prohibition Act (for short, ‘D.P.’ Act). Brief facts of the case: 2. The case of the prosecution is that the father of the deceased lodged a complaint against the petitioner/accused No.1 and others, stating that the petitioner and others subjected his daughter to cruelty and forced her to commit suicide. Based on the said complaint, the respondent police have registered a case in Crime No.134/2025, and the investigation is under progress. - 3 - HC-KAR NC: 2025:KHC-D:18156 CRL.P No. 104737 of 2025 3. Heard Sri Shadab Hasansab Yadawad, learned counsel for the petitioner and Sri Praveen Y Devareddiyavar, learned High Court Government Pleader for respondent No.1-State. 4. It is the submission of the learned counsel for the petitioner that the petitioner, who is arrayed as accused No.1, is none other than the husband of the deceased. The deceased was suspecting her husband of having an affair with his sister-in-law (Attige), and she used to quarrel with him on the said issue. It is further submitted that the alleged offence, for which the punishment prescribed is, life imprisonment, however, the ingredients of the said abatement to commit suicide are not forthcoming from the averments of the complaint. It is further submitted the petitioner is the innocent of the alleged offence and he has been falsely implicated in this case. He is having two children and he has to take care of them. The petitioner is a permanent resident of Kalakhamb village and will abide by the conditions imposed by this Court in the event of release - 4 - HC-KAR NC: 2025:KHC-D:18156 CRL.P No. 104737 of 2025 on bail. Making such submissions, learned counsel for the petitioner prays that the petition be allowed. 5. Per contra, the learned High Court Government Pleader for respondent No.1–State vehemently submitted that the allegations made in the complaint clearly attract the provisions mentioned in the FIR. The investigation is in progress. The petitioner has committed heinous offences, and there is a presumption for the said offence, as per the said presumption, it is resumed that, the petitioner had committed abatement to commit suicide. Therefore, it is not appropriate to grant him bail. Making such submissions, he prays that the petition be rejected. 6. Having heard the learned counsel for the respective parties and perused the averments of the complaint, it appears that, the petitioner married the deceased, who is none other than the daughter of the complainant. The couple had two children born to their wedlock. - 5 - HC-KAR NC: 2025:KHC-D:18156 CRL.P No. 104737 of 2025 7. It is stated that the allegation made against the petitioner is that, he had an illicit relationship with his sister-in-law (Attige), as a result of which there were quarrel between the deceased and the petitioner. The averments made in the complaint disclose that a Panchayat was held in the presence of the elders of the village about the issue. The petitioner was advised to lead a happy life with his wife and children. However, the said illicit relationship continued even after the Panchayat was held. As a result of which the deceased is stated to have committed suicide. 8. Be that as it may, considering the fact and circumstances of the case and also the interest of the minor children, it is appropriate to grant him bail. Hence, I proceed to pass the following: ORDER i. The petition is allowed. ii. The petitioner is ordered to be enlarged on bail in Crime 134/2025 of respondent-police - 6 - HC-KAR NC: 2025:KHC-D:18156 CRL.P No. 104737 of 2025 for the offence under Sections 85, 80, 108, 190 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. iii. The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. iv. The petitioner shall appear before the Trial Court on all hearing dates, without fail. In case, if the petitioner violates 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 ASN/CT: UMD List No.: 1 Sl No.: 1