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2025 DAILYLAW 71856 (KAR)

RASHMI JHA @ RASHMI KUMARI v. STATE OF KARNATAKA

CRL.P/14783/2025 · 2025-11-10

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45491 CRL.P No. 14783 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14783 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. RASHMI JHA @ RASHMI KUMARI C/O DIWAKAR JHA AGED ABOUT 26 YEARS R/A WARD No.16 GARHPURA, GARHPURA BEGUSARAI, BIHAR- 848 204. …PETITIONER (BY SRI HANUMANTHARAYA C H, ADVOCATE) AND: 1. STATE OF KARNATAKA BY YESHWANTHAPURA P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR KARNATAKA HIGH COURT BUILDING BANGALORE – 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP SRI ANKUR TRIPATHI, ADVOCATE FOR DEFACTO COMPLAINANT) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED UNDER SECTION 482 BNNS) PRAYING TO GRANT HER ANTICIPATORY BAIL WITH A DIRECTION TO THE SHO OF THE YESHWANTHPURA POLICE STATION, BENGALURU, TO RELEASE HER ON BAIL IN THE EVENT OF HER ARREST IN Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45491 CRL.P No. 14783 of 2025 CR.No.305/2025 REGISTERED ON 11.09.2025 FOR OFFENCE PUNISHABLE UNDER SECTION 80(2) R/W 3(5) OF BNS, 2023. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.3 under Section 482 of BNSS to grant anticipatory bail in Crime No.305/2025 of Yeswanthapura Police Station registered for offences under Section 80(2) read with 3(5) of BNS. 2. Heard learned counsel for petitioner and learned HCGP for respondent/State who is assisted by counsel for defacto complainant. 3. Learned counsel for petitioner would contend that the deceased after some days of marriage came to Bangalore and resided in a rented premises along with her husband. The petitioner who is working as a PSI (Probationer) is working in Mustak Police Station which is a different place than the native village of accused No.1. The petitioner is the younger sister of accused No.1. The - 3 - HC-KAR NC: 2025:KHC:45491 CRL.P No. 14783 of 2025 averments of complaint are that giving gift items at the time of marriage is a customary and it cannot be termed as a dowry. In the allegation of dowry demand and harassment against accused No.2 / mother-in-law, B report has been filed against her. There is no allegation of any dowry demand by this petitioner. The accused No.2, who is also similarly placed to that of accused No.2, has been granted anticipatory bail. The deceased was suffering from some mental illness and she was getting treatment for the same. The same has been stated by one Shubham, at the time of giving statement while conducting inquest mahazar. The deceased has stated before the said Shubham that her husband is not attending her phone calls and she was upset with the same and on the same night itself she has committed suicide. The investigation in so far accused No.1 is concerned is completed and charge sheet has been filed against him. So far as accused No.2 is concerned, B report has been filed. Insofar as the petitioner is concerned the investigation is still in progress. - 4 - HC-KAR NC: 2025:KHC:45491 CRL.P No. 14783 of 2025 The petitioner is ready to co-operate with the police in the investigation and abide by any terms and conditions to be imposed by this Court. With this he prayed to allow the petition. 4. Per contra, learned HCGP, who is assisted by learned counsel for defacto complainant would contend that in the further statement, the complainant stated the harassment and demand of dowry by this petitioner. The investigation is still in progress. The petitioner is working in police Department. If she is granted anticipatory bail, there are chances of she hampering further investigation and tampering the prosecution witnesses. With this, he prayed to reject the petition. 5. Having heard the learned counsels the Court has perused the FIR, complaint and other materials placed on record. 6. The marriage of the deceased with accused No.1 has taken place on 11.12.2024. Accused No.1 who is - 5 - HC-KAR NC: 2025:KHC:45491 CRL.P No. 14783 of 2025 husband of deceased, was working in Railway at Bangalore. After some days of marriage, the deceased came to Bangalore and resided in a rented premises with her husband. The petitioner is working as a PSI (Probationer) in Mustak Police Station and it is not her native place wherein her mother, her brother/Accused No.1 and deceased resided for some time. The allegation against this petitioner in the complaint is an omnibus allegation along with accused No.2 against whom B report has been filed. In the complaint itself there is mention of deceased suffering from anxiety problem and she being treated by Neurologist. The deceased committed suicide on 10.09.2025 by hanging herself in her house at Bangalore. One Brijesh Kumar is a colleague and a neighbour of the petitioner. In his statement, recorded at the time of drawing inquest, has stated regarding mental illness of the deceased and he taking the deceased to the hospital and returning back. He has also stated that deceased telling before him that her husband is not - 6 - HC-KAR NC: 2025:KHC:45491 CRL.P No. 14783 of 2025 receiving her phone calls and she is upset with the same. Immediately, on the same night she has committed suicide by hanging. The investigation so far as this petitioner/accused No.3 is concerned is still in progress. The petitioner has undertaken to co-operate with the police in investigation. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. The petitioner is a police officer and she can be secured easily for investigation and trial. There are no criminal antecedents of the petitioner. Considering all above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following: ORDER The petition is allowed. The petitioner is ordered to be released on bail in the event of her arrest in Crime No.305/2025 of Yeshwantpura Police Station subject to following conditions: - 7 - HC-KAR NC: 2025:KHC:45491 CRL.P No. 14783 of 2025 (i) Petitioner shall voluntarily appear before the Investigating Officer within 15 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of Investigating Officer. (ii) Petitioner shall co-operate with the police in the investigation. (iii) Petitioner shall appear before the Investigating Officer whenever called for. (iv) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 11 Ct.sm