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2025 DAILYLAW 75508 (KAR)

VISHAL @ VISHAL CHAVAN, v. STATE BY TILAK NAGAR POLICE STATION

CRL.P/13604/2025 · 2025-10-27

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42473 CRL.P No. 13604 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13604 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. VISHAL @ VISHAL CHAVAN, S/O RAMU @ RAMU CHAVAN, AGED ABOUT 30 YEARS, R/AT NO.131/B, 28TH MAIN ROAD, 38TH B CROSS, 4TH T BLOCK, JAYANAGAR, BANGALORE. …PETITIONER (BY SRI. ABDUL NABI.,ADVOCATE) AND: 1. STATE BY TILAK NAGAR POLICE STATION BANGALORE REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDINGS BENGALURU - 560 001 …RESPONDENT (BY Smt.PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER (ACCUSED NO.1/HUSBAND) ON BAIL IN CR.NO.125/2025 (NOW IN CC NO.29031/2025) OF TILAK NAGAR P.S FOR THE OFFENCE PUNISHALBLE UNDER SECTIONS 80, 85,3(5) OF THE Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:42473 CRL.P No. 13604 of 2025 BHARATIYA NYAYA SANHITA ACT, PENDING BEFORE THE HONBLE COURT OF CHIEF JUDICIAL MAGISTRATE, AT CMM COMPLEX BANGALORE. 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.1 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.125 of 2025 of Tilaknagara Police Station registered for the offences under Sections 80, 85, 3(5) of BNS, 2023. 2. Heard the learned counsel for petitioner and the learned Additional State Public Prosecutor. 3. The learned counsel for the petitioner would contend that, the marriage of petitioner/accused No.1 with the deceased was a love marriage, and the marriage was performed after taking consent of both the families. The petitioner has transferred several amounts from his account to the account of the deceased, and therefore, - 3 - HC-KAR NC: 2025:KHC:42473 CRL.P No. 13604 of 2025 there is no question of he demanding any money from the parents of deceased. There were no any complaints by the deceased against the petitioner and his family members prior to her suicide. The deceased has not left any death note. The accused Nos.3 and 4 have been granted anticipatory bail by the Sessions Court. The petitioner is a MBA graduate. There are no criminal antecedents. Charge sheet is filed. The petitioner is not required for custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, the learned Additional State Public Prosecutor would contend that, the mother of the deceased has filed a complaint stating that, her daughter used to complain to her, and her other daughters regarding the demand of dowry by the petitioner and his family members. The daughter of the complainant, who is sister of the deceased has transferred Rs.70,000/- on 01.02.2025 to the account of petitioner/accused No.1 through phone pay. The documents are collected in this regard. The charge sheet material shows a prima facie - 4 - HC-KAR NC: 2025:KHC:42473 CRL.P No. 13604 of 2025 case against the petitioner for offences alleged against him. With this, he prayed for rejection of the petition. 5. Having the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. The marriage of petitioner/accused No.1 with the deceased had taken place on 26.12.2024. The deceased and the petitioner/accused No.1 were in love affair prior to their marriage. Both the families have agreed, and performed the marriage of the deceased with the petitioner/accused No.1. The allegation against the petitioner and his family members is that, they were insisting the deceased to bring money of Rs.1,50,000/- for payment of loan borrowed on the agricultural land, and were harassing the deceased. 7. Prior to the deceased committing suicide, she had not filed any complaints against the petitioner and his family members regarding they harassing her, and - 5 - HC-KAR NC: 2025:KHC:42473 CRL.P No. 13604 of 2025 demanding to bring money from her parents. The deceased has not left any suicide note. There were no any injuries on the body of the deceased. The marriage of the petitioner with the deceased was a love marriage with the consent of family members on both the sides. 8. The petitioner is a MBA graduate. He is in judicial custody since 04.06.2025. Charge sheet is already filed. Therefore, petitioner is not required for further custodial interrogation. There are no criminal antecedents. 9. Considering all these aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.125 to 2025 of Tilaknagar subject to following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rs.One lakh) - 6 - HC-KAR NC: 2025:KHC:42473 CRL.P No. 13604 of 2025 with one surety for the likesum to the satisfaction of the jurisdictional court; b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly; c) The petitioner shall appear before the Trial Court on all dates of the hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 6