- 1 - NC: 2025:KHC-D:2263 CRL.P No. 103727 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.103727 OF 2024 [439(CR.PC)/483(BNSS)] BETWEEN: SHRI SADIQ HUSENSAB GONADDI, AGE: 25 YEARS, OCC. ALUMINUM WORKS, R/O. 7TH CROSS, IBRAHIMPUR, OLD HUBBALLI, HUBBALLI-582208. … PETITIONER (BY SRI VIDYASHANKAR G. DALWAI, ADVOCATE) AND: STATE OF KARANATAKA REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH KASABAPETH POLICE STATION, HUBBALLI-580024. … RESPONDENT (BY SRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 483 OF BNSS, SEEKING TO ALLOW THE PETITION FILED U/S. 483 OF BNSS AND ENLARGE THE PETITIONER (ACCUSED NO.5) ON BAIL IN CRIME NO.54/2024 OF KASABAPETH PS, PENDING ON THE FILE OF COURT OF II ADDL. CJ AND CJM (JR.DIV.) AND JMFC 3RD COURT HUBBALLI, DHARWAD, SITTING AT HUBBALLI FOR THE OFFENCE PUNISHABLE U/S. 304-B, 498-A R/W. SECTION 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.02.06 14:17:23 +0530 - 2 - NC: 2025:KHC-D:2263 CRL.P No. 103727 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) is seeking regular bail in Crime no.54/2024 by Kasabapeth Police Station for offences punishable under Sections 498-A and 304 (B) read with Section 34 of Indian Penal Code (for short, ‘IPC’) by accused no.5 (petitioner). 2. Sri Vidyashankar G. Dalwai, learned counsel for petitioner submitted case of prosecution was Abdul Rehaman (complainant) filed complaint at 11:00 a.m. on 03.06.2024, stating that his daughter Najmeen (victim) was married Ibrahim Hussainsab (accused no.1) on 30.10.2022. It was further stated though he had given ½ Tola of gold as agreed, instead of Rs.20,000/- in cash, he had given Rs.15,000/- and sought time for paying remaining. Thereafter, she went to her husband’s house, where apart from her husband and parents- in-law, even her brothers-in-law were residing together. 3. And, whenever she visited complainant, she told him that from date of marriage, her husband and his family - 3 - NC: 2025:KHC-D:2263 CRL.P No. 103727 of 2024 members abused and beat her even on flimsy reasons and also prevented her from speaking to anyone on mobile. And further that he had advised them against it. Despite same, they had not stopped harassing her with demands for dowry. It was further stated that victim had called him and told that accused no.1 had tried to strangulate her and threatened with dire consequences in case she spoke to her parents. 4. Thereafter at 5:00 p.m. on 10.05.2024, his relative Basir Karajagi informed him about crowd having gathered in front of his daughter’s house and that he had seen complainant’s daughter lying dead. On going there he saw his daughter had died with hanging marks around her neck. On enquiry, her mother-in-law informed him that victim was found hanging and immediately she was brought down. She in very casual manner asked complainant to enquire with his dead daughter about reason for hanging herself. Thereafter, he had taken his daughter to KIMS Hospital at 5:40 p.m., doctors examined and declared her dead. Alleging that victim’s husband, parents and brothers-in-law had harassed her with demands for dowry and compelled her to commit suicide, he sought for taking action. Based on same, Crime no.39/2024 - 4 - NC: 2025:KHC-D:2263 CRL.P No. 103727 of 2024 was registered by Hubli – Dharwad City Women Police Station for offences stated above. It was submitted, same was later transferred to Kasabapeth Police Station on 03.06.2024 and re-registered as Crime no.54/2024 (supra). 5. It was submitted, in respect of same Crime, this Court had granted bail to accused no.3 who was also brother- in-law of victim on ground that he was residing separately, than victim and accused no.1 and 2. It was submitted, even petitioner herein did not have any criminal antecedents and was arrested along with accused no.3 on 16.05.2024 and was in custody since then. It was submitted, petitioner was another brother in law of victim and residing separately as indicated in his aadhar card, was seeking bail on ground of parity. 6. On other hand, Sri Jairam Siddi, learned High Court Govt. Pleader for respondent–State opposed petition. It was submitted, there were specific allegations of persistent demand for dowry and physical/mental harassment by accused, in complaint filed on 03.06.2024. Admittedly death of victim was within seven years of marriage attracting presumption under Section 304B of IPC and material collected by prosecution was - 5 - NC: 2025:KHC-D:2263 CRL.P No. 103727 of 2024 sufficient. It was also submitted in case of release on bail, there was every likelihood of petitioner influencing prosecution witnesses. On above grounds, sought rejection of petition. 7. Heard learned counsel and perused material on record. 8. From above, point that arises for consideration is: “Whether petitioner is entitled for regular bail on conditions?” 9. This is a petition for regular bail filed by accused no.5, brother-in-law of victim (i.e. husband’s brother), on ground of parity, as this Court in Criminal Petition no.100050/2025 disposed of on 25.01.2025 had granted bail to accused no.3 on ground that accused no.3 was staying in separate house than victim. 10. Perusal of order granting bail to accused no.3, reveals different residential address of accused no.3 mentioned in his aadhar card was basis for prima facie conclusion about separate residence. In instant case also, petitioner - accused no.5 has produced his aadhar card, showing different - 6 - NC: 2025:KHC-D:2263 CRL.P No. 103727 of 2024 residential address than matrimonial home of victim, accused no.1 and 2. 11. In view of above and as concerns of prosecution could be mitigated by imposing suitable conditions, point for consideration is answered in affirmative. Hence, following: ORDER Petition is allowed. Petitioner/accused no.5 is ordered to be released on bail in Crime no.54/2024 by Kasabapeth Police Station for offences punishable under Sections 498-A and 304-B read with Section 34 of IPC, subject to following conditions: a) He shall execute a personal bond in a sum of Rs.1,00,000/- with one surety for likesum to satisfaction of Court. b) He shall make himself available for purpose of investigation as and when required and he shall co-operate with investigation. c) He shall not threaten, tamper with or influence prosecution witnesses, either directly or indirectly. d) He shall not indulge in any criminal activities. - 7 - NC: 2025:KHC-D:2263 CRL.P No. 103727 of 2024 e) He shall be regular in attending Court proceedings. f) It is clarified that views expressed herein are prima facie at this stage and shall not influence final outcome after trial. SD/- (RAVI V.HOSMANI) JUDGE CLK CT:PA LIST NO.: 1 SL NO.: 8