- 1 - HC-KAR NC: 2025:KHC:49514 CRL.P No. 15072 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15072 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: MALLIKARJUNAIAH S/O LATE RAJASHEKHARAIAH, AGED ABOUT 58 YEARS, R/AT PUTTASANDRA VILLAGE, PATHAGANAHALLI POST, KOLALA HOBLI KORATAGERE TALUK, TUMAKURU - 572 129. …PETITIONER (BY SRI. SOMASHEKARA K M.,ADVOCATE) AND: THE STATE OF KARNATAKA BY WOMEN POLICE STATION, TUMAKURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560001. …RESPONDENT (BY SRI.RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT REGULAR BALL IN CC NO.256 OF 2025 ON THE FILE OF 2ND Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49514 CRL.P No. 15072 of 2025 ADDL. SENIOR CIVIL JUDGE AND JMFC, TUMAKURU, (ARISING OUT OF CRIME NO.163 OF 2025 REGISTERED BY THE RESPONDENT POLICE) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 80, 115(2), 85, READ WITH SECTION 3(5) OF BHARATIYA NYAYA SANHITA, 2023 (BNS) AND SECTIONS 3 AND 4 DOWRY PROHIBITION ACT, 196. 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 No.2 under Section 483 of Bharatiya Nagarika Suraksha Sanihita, 2023 praying to grant bail in a Crime No.163/2025 of Tumakuru Women Police Station registered for the offences punishable under Sections 80, 115(2), 85, 54 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State. 3. The learned counsel for the petitioner would contend that, the petitioner is father-in-law of the - 3 - HC-KAR NC: 2025:KHC:49514 CRL.P No. 15072 of 2025 deceased and father of accused No.1. The marriage of accused No.1 with the deceased has taken place on 29.01.2024. As per averments of the complaint itself, the deceased and her husband were residing in Bengaluru, and thereafter, they shifted to Tumkur and were residing in a rented house. But the petitioner is residing in Koratagere, and he never resided with the deceased and her husband. The petitioner is in judicial custody since 18.08.2025, and therefore, he is not required for custodial interrogation. The petitioner is ready to cooperate with the police in investigation, and abide by terms conditions to be imposed by this Court. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader would contend that, the petitioner, who is father- in-law of the deceased, used to harass the deceased asking her to give divorce, she is not good and her son is not liking her, and she has not begotten any children. The statement of one Channabasavaiah indicates the - 4 - HC-KAR NC: 2025:KHC:49514 CRL.P No. 15072 of 2025 harassment given by the petitioner to the deceased. With this, he prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused FIR, complaint and other materials placed on record. 6. On the complaint of one Rudresh, the father of the deceased, Sushmita, a case came to be registered in Tumkuru Women Police Station in Crime No.163 of 2025 for the aforesaid of offences, wherein the present petitioner has been shown as accused No.2. The petitioner is the father-in-law of the deceased. As per averments of the complaint, after marriage, the deceased and her husband were residing in Bengaluru, and thereafter, two months prior to the incident, they came to Tumkur, and were residing in a rented house. The petitioner is residing in a village in Koratagere, and he is stated to have not resided with the deceased and her husband. - 5 - HC-KAR NC: 2025:KHC:49514 CRL.P No. 15072 of 2025 7. The accusation against the petitioner is not a demand of dowry. But the accusation against him is that, he was forcing the deceased to give divorce, and abusing her that she is not good, her son does not like her, and she is not having issues. The main allegations in the complaint are against accused No.1, who is the husband of the deceased. Now charge sheet is filed. The petitioner is in judicial custody since 18.08.2025, and therefore, he is not required for custodial interrogation. Accused No.3 who is mother-in-law of deceased has been granted bail. The petitioner is also similarly placed to that of accused No.3. Petitioner has made out a case for grant of bail with conditions. 8. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No. 163/2025 of Tumakuru Women Police Station subject to following conditions: - 6 - HC-KAR NC: 2025:KHC:49514 CRL.P No. 15072 of 2025 a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court; b) He shall not tamper the prosecution witnesses either directly or indirectly. c) He shall attend the Trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE tsn* List No.: 1 Sl No.: 8