- 1 - HC-KAR NC: 2025:KHC:45205 CRL.P No. 11996 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 11996 OF 2025 [(438(Cr.PC) / 482(BNSS)] BETWEEN: 1. IMRAN S/O ABDUL SUBAN, AGED ABOUT 36 YEARS, R/AT: B.M.ROAD, FORT KUNIGAL, KUNIGAL TALUK, TUMAKURU - 572 130. 2. ABDUL SUBAN S/O LATE ABDUL KHALAQ SAB AGED ABOUT 70 YEARS, R/AT: NO.205, FORT KUNIGAL, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 130. 3. MAKBUL UNNISA W/O ABDUL SUBAN SAB, AGED ABOUT 60 YEARS, R/AT: 31742, ADAVISWAMY TEMPLE CIRCLE, KUNIGAL, TUMAKURU - 572 130. 4. RUMANA AZMI W/O MUKTHIYAR AHMAD, AGED ABOUT 44 YEARS, R/AT : 3RD CROSS, MELEKOTE ROAD, SADASHIVANAGARA, TUMAKURU - 572 102. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45205 CRL.P No. 11996 of 2025 5. MUKTHIYAR AHMED S/O NISAR AHMED, AGED ABOUT 46 YEARS, R/AT: 11TH CROSS, SADASHIVANAGARA, TUMAKURU - 572 102. 6. JAVERIYA W/O TANVEER, AGED ABOUT 34 YEARS, 9TH CROSS, SADASHIVA NAGAR, TUMAKURU - 572 102. 7. ZUBAIR S/O ABDULSUBHAN, AGED ABOUT 40 YEARS, R/AT: NO.93, HIREMATHBEEDI, KUNIGAL, KUNIGAL TALUK, TUMAKURU - 572 130. 8. USMAN ZAID S/O ABDULSUBAN SAB, AGED ABOUT 39 YEARS R/AT: 5TH CROSS, ARQAM TOWN, NEAR DIT MASJID, TUMAKURU MELEKOTE, TUMAKURU - 572 102. …PETITIONERS (BY SRI. C.G. GOPALA SWAMY, SENIOR COUNSEL FOR SRI. BHARGAV G., ADVOCATE) AND: 1. STATE OF KARNATAKA BY WOMEN POLICE STATION, TUMAKURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. - 3 - HC-KAR NC: 2025:KHC:45205 CRL.P No. 11996 of 2025 2. BI BI AYESHA W/O. IMRAN AGED ABOUT 25 YEARS, R/AT:12TH CROSS, P.H. COLONY, TUMAKURU TOWN, TUMAKURU - 572 101. …RESPONDENTS (BY SMT. PUSHPALATHA B., ADDITIONAL SPP FOR R1; R2 - SERVED BUT UNREPRESENTED) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.131/2025 OF WOMEN POLICE STATION, TUMAKURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 85, 54, 109, 115(2), 352, 3(5) OF BNS, 2023 AND UNDER SECTIONS 3 AND 4 OF D.P ACT, 1961 PENDING ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE & JMFC COURT, TUMAKURU. 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 Nos.1 to 8 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in a Crime No.131/2025 of Women Police Station, Tumakuru registered for offences - 4 - HC-KAR NC: 2025:KHC:45205 CRL.P No. 11996 of 2025 punishable under Sections 85, 54, 109, 115(2), 352 and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of Dowry Prohibition Act. 2. Heard the learned counsel for petitioners and learned Additional State Public Prosecutor for respondent - State. 3. Learned counsel for petitioners would contend that, the marriage was solemnized as per customs of the community and gifts were given to the bride and bridegroom at the time of marriage. After seven (7) months of marriage, the husband/petitioner No.1 went to Saudi and therefore, there is no averment or question of demanding any Dowry from the parents of his wife. He submits that, the complaint was given solely to stop the husband from going back to Saudi. In that regard, even on earlier occasion, on previous day of the alleged incident, an application has been given by the father of the first informant to the Police. The said aspect itself indicates - 5 - HC-KAR NC: 2025:KHC:45205 CRL.P No. 11996 of 2025 that, with the malafide intention complaint has been filed to prevent the husband from going back to Saudi. The first informant has not sustained any injuries. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. The petitioners are ready to cooperate with the police in investigation. The petitioners are not having any criminal antecedents. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, petitioner No.1 came to the house of first informant and tried to commit her murder by keeping his leg on her neck and pressing the neck. There is an allegation of demand of Dowry by all the petitioners. The matter is under investigation. The presence of the petitioners is required for investigation. With these, she prayed for dismissal of the petition. - 6 - HC-KAR NC: 2025:KHC:45205 CRL.P No. 11996 of 2025 5. Having heard the learned counsel appearing for the parties, the Court has perused FIR, complaint and other materials placed on record. 6. The marriage of petitioner No.1 with the first informant was solemnized on 07.07.2023 and at the time of marriage, gold ornaments have been given to the petitioner No.1 and the first informant. After seven (7) months of the marriage, petitioner No.1 - husband of the first informant went to Saudi and at that time, it is alleged that other family members who are petitioners Nos.2 to 8 have harassed the first informant demanding Dowry. Petitioner No.1/accused No.1 came from Saudi three (3) months ago and he did not talk with the first informant and their daughter and therefore, she went to her parents' house. On 03.07.2025, the application has been given to the Police after learning that the petitioner No.1/accused No.1 intends to travel to Saudi. The alleged incident has taken place on 04.07.2025 in the house of the parents of the first informant. Even though, serious overtacts are - 7 - HC-KAR NC: 2025:KHC:45205 CRL.P No. 11996 of 2025 alleged of keeping leg on the neck of the first informant and pressing her neck, the first informant has not sustained any injury and she has not taken any treatment. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. The petitioners have undertaken to cooperate with the police in investigation. There are no criminal antecedents of the petitioners. 7. Considering all the above aspects, the petitioners have made out a case for grant of anticipatory bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioners are granted anticipatory bail in Crime No.131/2025 of Women Police Station, Tumakuru and are ordered to be released on bail in the event their arrest, subject to following conditions: - 8 - HC-KAR NC: 2025:KHC:45205 CRL.P No. 11996 of 2025 i) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the satisfaction of the Investigating Officer. ii) The petitioners shall voluntarily appear before the Investigating Officer within 15 days from this day and execute bail bond and furnish surety. iii) The petitioners shall cooperate with the Police in investigation and make themselves available for interrogation whenever required. iv) The petitioners shall not directly or indirectly make any inducement of threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any Police Officer or tamper with the evidence. - 9 - HC-KAR NC: 2025:KHC:45205 CRL.P No. 11996 of 2025 v) The petitioners shall appear before the trial Court on all dates hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 5