- 1 - HC-KAR NC: 2025:KHC:30514 CRL.P No. 9943 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9943 OF 2025 BETWEEN: SHIVAKUMAR @ SHIVAKUMAR GOVARDHAN S/O. GOVARDHAN PERUMAL, AGED ABOUT 32 YEARS, R/AT NO. 167, PRAKASH REDDY LAYOUT, HULIMANGALA VILLAGE, VINAYAKA LAYOUT, ELECTRONIC CITY POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 105 PERMANENT R/AT. NO.130, BARATHINNAIYAR STREET, KARUNEEKASMUTHIRAM VALATHUR, GUDIYATTAM VALATHUR, VELLORE DISTRICT, TAMIL NADU STATE - 635 813 (IN JC) …PETITIONER (BY SRI. B.N. NANJAPPA, ADVOCATE) AND: THE STATE OF KARNATAKA BY BY HEBBAGODI POLICE STATION, BENGALURU DISTRICT. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY .R., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30514 CRL.P No. 9943 of 2025 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.236/2025 OF HEBBAGODI POLICE, FOR THE OFFENCE P/U/S 80 OF BNS, 2023, PENDING ON THE FILE OF THE II ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, ANEKAL, BENGALURU RURAL DISTRICT. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred under Section 483 of BNSS, 2023 to enlarge the petitioner / accused No.1 on bail in Crime No.236/2025 of Hebbagodi Police Station, registered for the offence punishable under Section 80 of BNS, 2023. 2. On completion of the investigation, charge sheet has been filed for offences punishable under Section 80 and 85 of BNS, 2023 and Section 3 and 4 of the Dowry Prohibition Act, 1961. 3. Brief facts of the prosecution case are that, the complainant's sister-deceased Vani was given in marriage to the petitioner on 27.01.2019. At the time of marriage, as - 3 - HC-KAR NC: 2025:KHC:30514 CRL.P No. 9943 of 2025 demanded by the accused, one pair of ear studs weighing 2 gram, a gold necklace weighing 16 grams and one gold long chain weighing 16 grams were given as dowry. The marriage was performed at Meenakshi Kalyana Mantapa, Gudayatham, Tamilnadu. After the marriage, the petitioner along with his wife and his brother started residing at Vinayaka Layout, Hulimangala grama, Hebbagodi, Bengaluru. Since the deceased did not give birth to a child, complainant took her to several hospitals. About 8 months prior to the incident, she gave birth to a female baby and she stayed in her parental home for a period of 3 months. During the said period, the accused used to visit her parental home and harassing her saying that no sufficient dowry was given at the time of marriage. He mentally harassed her saying he has spent amount towards medical expenses and even for the child, nothing has been given by her parents etc. Being unable to tolerate the mental torture meted to her, Vani committed suicide on 11.05.2025 at about 7.30 a.m. by hanging herself using a veil to the ceiling fan in the room situated near the parking place. - 4 - HC-KAR NC: 2025:KHC:30514 CRL.P No. 9943 of 2025 4. Learned HCGP has contended that the deceased has committed suicide within 7 years of her marriage and in view of the statements of the brother, mother and other relatives of the deceased, there is a prima facie case against the petitioner. He contended that as per Post Mortem report, there is an injury on the scalp, which shows that the deceased was subjected to cruelty soon before her death. He further contended that the petitioner is a resident of Vellur District, Tamilnadu State and therefore, if he is enlarged on bail, he may flee from justice. 5. Learned counsel for the petitioner has contended that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He never demanded or accepted the dowry at the time of marriage. He has provided treatment to the deceased at various hospitals. The deceased stayed in her parental home for about 3 months after the delivery and then returned to the house. After noticing the dead body in a hanging position, the petitioner and his brother immediately took her to the hospital. He contended that the investigation is completed and the charge sheet is filed. The petitioner is ready - 5 - HC-KAR NC: 2025:KHC:30514 CRL.P No. 9943 of 2025 and willing to abide by any conditions which may be imposed by the Court. Accordingly, sought to allow the petition. 6. The date of marriage and the date of incident are not in dispute. The death has taken place within 7 years of marriage. The complaint is lodged by the brother of the deceased naming the petitioner and his brother as the accused. It is alleged that the accused were harassing the deceased saying that the dowry given at the time of marriage was not sufficient. It is alleged, after the birth of the child, accused were harassing the deceased saying that no gold is given to the child. As per complaint, on 11.05.2025 at about 10.20 a.m., the persons from the neighbouring house informed the complainant about the incident. 7. In the complaint, it is alleged that the petitioner and his brother are responsible for the deceased to commit suicide. During inquest proceedings, the statements of the mother and the maternal uncle of the deceased are recorded. The statements does not indicate that there was any demand by the accused for dowry, at the time of marriage. It is alleged that after the marriage, the accused was saying that the gold given - 6 - HC-KAR NC: 2025:KHC:30514 CRL.P No. 9943 of 2025 at the time of marriage was not sufficient, and in this connection he was harassing the deceased and also he was not allowing the deceased to talk over the phone. 8. The inquest mahazar shows that the petitioner and his brother, cut the veil and shifted the victim to one Mithra Hospital, however, the Doctor after examination declared her brought dead. 9. Perusal of the complaint does not indicate that, at the time of marriage, any dowry was demanded by the petitioner. The specific allegations are that after the marriage, the petitioner was harassing the deceased saying that no sufficient dowry was given at the time of marriage and no gold was given to the child. The deceased was staying in her parental home for a period of 3 months during her delivery. 10. The learned counsel submits that the petitioner has a 9 month old baby, which he has to take care of, he being the only earning member in the family, he has to look after his family and therefore, if he is detained in custody, his entire family will suffer. - 7 - HC-KAR NC: 2025:KHC:30514 CRL.P No. 9943 of 2025 11. Investigation is completed and the charge sheet is also filed. Considering the above facts and circumstances, petitioner can be released on bail by imposing suitable conditions. Hence, the following: ORDER Petition is allowed. Petitioner/accused No.1 in Crime No.236/2025 of Hebbagodi Police Station, shall be released on bail subject to following conditions: a) He shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. b) He shall furnish proof of his residential address and shall inform the Investigating Officer/Court, if there is any change in the address. c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge. d) He shall not tamper with the prosecution witnesses either directly or indirectly. - 8 - HC-KAR NC: 2025:KHC:30514 CRL.P No. 9943 of 2025 e) He shall appear before the trial Court on all dates of hearing without fail, unless exempted from appearance for genuine reason. Sd/- (MOHAMMAD NAWAZ) JUDGE MKM CT:VS