- 1 - NC: 2025:KHC-D:1356 CRL.P No. 103540 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.103540 OF 2024 [438(Cr.PC)/482(BNSS)] BETWEEN: MANJUNATHA S/O. VIRUPAKSHI, AGED ABOUT 33 YEARS, OCC. FARMER, R/O. QUARTERS NO.B2/16 (HST), HILL SIDE TOWN, NEAR JSW VIDYANAGAR, THORANAGALLU, SANDUR TQ., BALLARI DIST.-583123. … PETITIONER (BY SRI B. ANWAR BASHA, ADV.) AND: THE STATE OF KARNATAKA, (THROUGH KAMPLI P.S. BALLARI) Represented BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580001. … RESPONDENT (BY SRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC.438 OF CR.P.C. (U/SEC. 482 OF BNSS, 2023) SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.3 ON ANTICIPATORY BAIL IN CRIME NO.112/2024 REGISTERED BY MAMPLI P.S BALLARI FOR THE OFFENCES P/U/SEC.80(2), 108, 85, 3(5) OF BNS PENDING TRIAL OF THE SAID CASE, BEFORE PRL. SR. CIVIL JUDGE AND CJM COURT AT HOSAPETE, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.25 15:40:01 +0530 - 2 - NC: 2025:KHC-D:1356 CRL.P No. 103540 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This revision petition for anticipatory bail is by accused no.3 filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) in Crime No.112/2024 by Kampli Police Station, for offences punishable under Sections 80(2), 108, 85 and 3(5) of Bharatiya Nyaya Sanhita, 2023 (‘BNS’ for short). 2. Sri B. Anwar Basha learned counsel for petitioner submitted that prosecution case was based on complaint filed by Bagli Iranna (complainant) that he had daughter by name Netra (victim) whose marriage was solemnized with Manu son of Virupaksha Gangamata of Ramasagara village, Kampli Taluk, Ballari District on 28.03.2024. At time of marriage, as agreed between families sufficient extent of amount of gold etc. were given. One and half months after marriage, when his daughter came back, she complained that her in-laws had begun ill- treating and harassing her by stating that as agreed money for purchase of clothes by bride groom was not given. Complainant stated, when she was sent back after advising her to adjust with her husband’s family. Since ill-treatment continued, - 3 - NC: 2025:KHC-D:1356 CRL.P No. 103540 of 2024 complainant got his son Manjunath to transfer a sum of Rs.12,000/- to petitioner by PhonePe for purchase of clothes by bride groom. But, his daughter complained that she was being asked to get more money. Thereafter, victim informed her brother Manjunath about affair between her husband Manu and his sister in-law. Thereafter at 12:00 noon on 04.09.2024 he received a call from his daughter’s house that victim had locked herself in her bedroom. 3. On reaching there, complainant found victim had locked herself in her bedroom in first floor and his son-in-law, informed that since 11:00 a.m. victim had locked herself in room. Thereafter when door was opened, he found victim had hanged herself to ceiling fan. On getting her down, they found she had died. Complainant suspected that due to persistent harassment for dowry, victim had committed suicide and sought action. Based on complaint, Crime no.112/2024 was registered by Kampli Police against husband, father-in-law, brother-in-law, sister-in-law, uncle and aunt of victim accused no.1 to 6 respectively. It was submitted accused no.4 to 6 were on anticipatory bail. - 4 - NC: 2025:KHC-D:1356 CRL.P No. 103540 of 2024 4. It was submitted petitioner was working as a Junior Engineer in JSW and was permanent resident in JSW quarters having movable and immovable properties and without any criminal antecedents. Though, he had not committed any offences including those alleged, he was falsely implicated to spoil his reputation in order to wreck vengeance against family members of accused no.1. On above ground sought anticipatory bail. 5. On other hand, Sri Jairam Siddi, learned High Court Government Pleader for respondent – State sought to oppose petition. It was submitted in complaint there were specific averments about harassment with demand for dowry. It was further submitted there was specific statement about transfer of amount of Rs.12,000/- to petitioner by PhonePe. Offences alleged were heinous in nature and death of victim was within six months of marriage attracting presumption under Section 80 of BNS. It was submitted since investigation was not completed, in case of grant of bail, petitioner was in all likelihood influence or hamper investigation. On above grounds sought for rejection of bail. - 5 - NC: 2025:KHC-D:1356 CRL.P No. 103540 of 2024 6. Heard learned counsel. 7. Point that would arise for consideration is: “Whether petitioner is entitled for anticipatory bail with conditions?” 8. From above, it is seen, petitioner’s apprehension of imminent arrest for non-bailable offences is based on registration of Crime no.112/2024 by Kampli Police Station for offences as mentioned above. As per case of prosecution, petitioner is brother of accused no.1 and in pursuance of demand for dowry by accused no.1 and his family, complainant’s son had transferred sum of Rs.12,000/- to petitioner by PhonePe. It is admittedly death of victim has occurred within a period of six months from date of marriage by hanging i.e., due to unnatural causes. Though complaint averments would meet necessary ingredients for constitution of offences as alleged, except transfer of amount by PhonePe into account of petitioner does not appear to be any other overt- acts. It is common in case of dowry death cases, allegations are made against all family members. It is seen that accused no.1 and 2 are in custody while accused nos.4 to 6 have availed - 6 - NC: 2025:KHC-D:1356 CRL.P No. 103540 of 2024 anticipatory bail and in meanwhile, Police have completed investigation and filed charge sheet, showing prosecution relies on 34 witnesses. Therefore, examination of material and conclusion of trial was likely to be delayed. Prima facie does not show any incriminating material directly implicating petitioner. Therefore, whether petitioner has committed offences would be matter for trial. In view of above circumstances, point for consideration is answered in affirmative. Hence, following; ORDER Petition is allowed. Petitioner/accused is ordered to be released on bail in case of his arrest in Crime no.112/2024 of Kampli Police Station for offences punishable under Sections 80(2), 108, 85, 3(5) of BNS subject to following conditions: a) Petitioner/accused no.3 shall surrender before Investigating Officer within 15 days from date of this order and execute personal bonds for sum of Rs.1,00,000/- with one surety for likesum. b) He shall appear before Investigating Officer for purpose of investigation as and when required and co-operate with investigation. - 7 - NC: 2025:KHC-D:1356 CRL.P No. 103540 of 2024 c) He shall appear before trial Court on all hearing dates. d) He shall not tamper with or influence prosecution witnesses, either directly or indirectly and shall not hamper investigation. e) He shall forthwith inform any change of his residence to Investigating Officer. SD/- (RAVI V.HOSMANI) JUDGE EM CT:PA List No.: 1 Sl No.: 11