Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 81221 (KAR)

M VINAY v. THE STATE OF KARNATAKA

CRL.P/11849/2025 · 2025-08-30

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:33894 CRL.P No. 11849 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11849 OF 2025 BETWEEN: M. VINAY AGED ABOUT 34 YEARS, S/O. LATE MANJUNATH D.V., R/AT NO.859, 4TH CROSS, COCONUT GARDEN, T. DASARHALLI, BENGALURU NORTH-560 057. …PETITIONER (BY SRI. PRABHUGOUD B. TUMBIGI, ADVOCATE) AND: THE STATE OF KARNATAKA BY WOMEN POLICE STATION, TUMAKURU, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ORDERED THE RELEASE OF THE PETITIONER/ACCUSED NO.1 ON ANTICIPATORY BAIL IN CRIME NO.141/2025 IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 85, 115(2), 127(2), 54, 109, 318, 351(2), 352, 3(5) OF THE BHARATIYA NYAYA SANHITA, 2023 AND SECTION 3 Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33894 CRL.P No. 11849 of 2025 AND 4 OF DOWRY PROHIBITION ACT, 1961, NOW THE CASE IS PENDING ON THE FILES OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC COURT, TUMAKURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard both sides and perused the material on record. 2. Petitioner is apprehending his arrest in Cr.No.141/2025 registered at Tumakuru Women Police Station, Tumakuru. Complaint is lodged by Manasa W/o Vinay M. alleging offences punishable under Section 85, 115(2), 127(2), 54, 109, 318, 351(2), 352 r/w 3(5) of BNS, 2023 and Dowry Prohibition Act, 1961. 3. Complainant is wife of the petitioner. Complaint is lodged against her husband, mother-in-law and two other persons. It is averred in the complaint that, in response to the bio-data she shared in the matrimonial site, petitioner and his parents met the complainant and her parents and her marriage was fixed with the - 3 - HC-KAR NC: 2025:KHC:33894 CRL.P No. 11849 of 2025 petitioner, who claimed to hold a degree in Electrical and Electronics Engineering having a handsome income. Her marriage was performed with the petitioner on 5.12.2024. It is alleged that after the marriage, all the accused started harassing her both physically and mentally and demanded dowry and accused No.1 even tried to kill her by smothering with a pillow etc. 4. It appears that there is a serious matrimonial dispute between the couple. Marriage is said to have taken place on 5.12.2024. Various allegations are made that the petitioner, his mother and two other accused named in the FIR have harassed the complainant and petitioner and his mother have demanded dowry etc. Insofar as the allegation that petitioner and his mother have tried to smother the complainant with a pillow, the said incident has allegedly taken place on 14.3.2025. Complaint is lodged on 20.7.2025. 5. It is contended by the learned counsel for petitioner that the complainant stayed in her matrimonial - 4 - HC-KAR NC: 2025:KHC:33894 CRL.P No. 11849 of 2025 house only for 15 days and thereafter, in view of the differences between the couple, she left the matrimonial house and started residing in her parental house. It is contended that accused Nos.2 to 4 are granted bail by the Sessions Court. 6. The allegations made in the complaint have to be investigated into and established in due course. Considering the facts and circumstances, custodial interrogation of the petitioner may not be required. Hence, the following: ORDER 1. Petition is allowed. 2. Petitioner/accused No.1 in Cr.No.141/2025 registered by Tumakuru Women Police Station, Tumakuru, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from the date of - 5 - HC-KAR NC: 2025:KHC:33894 CRL.P No. 11849 of 2025 receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with a surety for the likesum. b) He shall furnish his residential address/contact number and shall inform the I.O. in case of change in the address/contact number. c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 43