- 1 - NC: 2025:KHC-D:1688 CRL.P No. 103860 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.103860 OF 2024 [438(CR.PC)/482(BNSS)] BETWEEN: 1. SRI VISHWANATH S/O. MANOHAR, AGED ABOUT 65 YEARS, R/O. MANTALA VILLAGE, TAL. BASAVAKALYAN, DIST. BIDAR 585401. 2. SMT. SHYAMALA W/O. VISHWANATH, AGED ABOUT 56 YEARS, R/O. MANTAL VILLAGE, TAL. BASAVAKALYAN, DIST. BIDAR 585401. … PETITIONERS (BY SRI NARASIMHAN SAMPATH, ADVOCATE FOR SRI AMIT SAHUKAR, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH THORANGAL POLICE STATION, BALLARI NOW REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH AT DHARWAD 580011 … RESPONDENT (BY SRI JAIRAM SIDDIM HCGP) THIS CRIMINAL PETITION IS FILED U/S. 482 OF BNSS (438 OF CR.P.C.), SEEKING TO ALLOW THE PRESENT PETITION AND ENLARGE THE PETITIONERS/ACCUSED NO.2 AND 3 ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CONNECTION WITH CRIME NO.0162/2024 REGISTERED BY THE RESPONDENT POLICE FOR THE OFFENCE PUNISHABLE U/S. 85, 108, 3(5) OF BHARATIYA NYAYA SANHITHA, 2023 PENDING ON THE ON THE FILE OF CIVIL JUDGE AND JMFC, SANDUR. MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.30 14:35:53 +0530 - 2 - NC: 2025:KHC-D:1688 CRL.P No. 103860 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition for anticipatory bail is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) in Crime no.162/2024 registered by Thoranagal Police Station, Ballari, for offences punishable under Sections 85, 108 read with Section 3 (5) of Bharatiya Nyaya Sanhita 2023 (‘BNS’ for short) by accused nos.2 and 3 (petitioners). 2. Sri Narasimhan Sampath, learned counsel for petitioners submitted, petitioners were husband and wife aged 65 years and 56 years respectively, permanent residents of Mantala village, Basavakalyan Taluk, Bidar having movable and immovable properties. They were law abiding citizens and were not involved in any offences. However they were apprehending arrest in pursuance of above mentioned false complaint for non-bailable offences. 3. It was submitted, even as per complaint, marriage of accused no.1 (Sripad) son of petitioners with - 3 - NC: 2025:KHC-D:1688 CRL.P No. 103860 of 2024 Manjusha (victim) was on 12.02.2024 and after marriage, bride had resided with petitioners at their house for about 1 to 1½ months. Though complaint allegations were mainly directed against accused no.1, only overt-act alleged against petitioners was that they had asked victim to take back old utensils and clothes etc., and replace them with good ones. Complainant had stated that couple had thereafter moved to quarters at HCT Township, Jindal where accused no.1 was working as Engineer. 4. Complainant further stated that main reason for victim feeling frustrated was alleged affairs accused no.1 had with other women which led victim to suicide on 26.09.2024. It was submitted, intimation about incident was given by petitioner no.2 to complainant. It was submitted, fact that petitioners were residing separately at Mantala village, while incident occurred at Jindal Quarters would indicate that petitioners were not involved in commission of offences as alleged and were being falsely implicated to spoil their reputation to assuage sentiments of bereaved family. It was further submitted, as petitioners were having movable and - 4 - NC: 2025:KHC-D:1688 CRL.P No. 103860 of 2024 immovable properties and residing separately, there would be no possibility of fleeing justice or influencing investigation. Moreover, accused no.1 was arrested on 30.09.2024 and charge-sheet was filed on 25.12.2024 citing 33 witnesses which would delay conclusion of trial, prayed for allowing petition. 5. On other hand, Sri Jairam Siddi, learned HCGP for respondent – State opposed petition. It was submitted, complaint was registered against accused for offences under Sections 85, 108 read with Section 3 (5) of BNS, which were grave and heinous in nature punishable with imprisonment for upto 10 years. It was submitted, victim married accused no.1 during February 2024 and died unnatural causes i.e. by suicide within a short duration of seven months, attracting presumption about dowry death. It was further submitted, main allegations against accused no.1 was that he was having affair with other women and despite objection by victim had failed to stop same. Insofar as petitioners, it was stated that victim was harassed by stating that clothes and utensils brought by her were not of good quality and had - 5 - NC: 2025:KHC-D:1688 CRL.P No. 103860 of 2024 insisted her to take them back and getting new good ones. Learned HCGP further submitted that investigation was pending and police had found death note of victim vindicating accused no.1 as well as petitioners. Even mobile phone of accused no.1 was seized and sent to FSL and report was awaited. It was submitted, in case of grant of anticipatory bail, petitioners were likely to tamper prosecution material and witnesses and thereby hamper investigation. On above grounds sought for rejection of bail. 6. Heard learned counsel and perused available material on record. 7. From above, point that arises for consideration is: “Whether petitioners are entitled for anticipatory bail with conditions?” 8. From above, apprehensions of petitioners about their imminent arrest is based on registration of Crime no.162/2024 for offences under Sections 85, 108 read with Section 3 (5) of BNS i.e. dowry death, subjecting married women to cruelty and abetment of suicide punishable with imprisonment for upto 10 years. Offences alleged appear - 6 - NC: 2025:KHC-D:1688 CRL.P No. 103860 of 2024 grave and severe as victim committed suicide within about seven months of marriage with accused no.1. However prima facie examination of complaint averments as well as death note would indicate that victim was frustrated by acts and attitude of accused no.1 and averments implicating petitioners would be for causing cruelty against woman which carries punishment of only 3 years. As rightly pointed out by learned counsel for petitioner, incident occurred while victim was staying with accused no.1 in Jindal Quarters at HCT Township, whereas petitioners are permanent residents of Mantala village, Basavakalyan Taluk, Bidar. Whether complaint averments and prosecution material would constitute sufficient basis for prosecution under Section 108 as per parameters laid down by Hon’ble Supreme Court in case of Mahendra Awase v. State of Madhya Pradesh, reported in 2025 SCC Online SC 107, would be matter for trial. Concerns of prosecution about petitioners likely to influence prosecution witnesses or material could be addressed by imposing appropriate conditions especially as accused no.1 has been in custody since 30.09.2024 and - 7 - NC: 2025:KHC-D:1688 CRL.P No. 103860 of 2024 charge-sheet is already filed after completion of investigation on 25.12.2024. Hence, point for consideration is answered in affirmative. Hence, following: ORDER Petition is allowed. Petitioners/accused no.2 and 3 are ordered to be enlarged on bail, in case of their arrest in Crime no.162/2024 of Thoranagal Police Station, Ballari, for offences punishable under Sections 85, 108 read with Section 3 (5) of BNS, subject to following conditions: a) Petitioners shall appear before I Addl. District and Sessions Judge, Ballari, within 15 days from date of this order and execute separate personal bonds for sum of Rs.1,00,000/- each with two sureties each for likesum to satisfaction of Court. b) They shall appear before Investigating Officer for purpose of investigation as and when required and co-operate with investigation. c) They shall attend Court proceedings regularly. d) They shall not threaten, tamper with or influence prosecution witnesses, either directly or indirectly. e) They shall not indulge in any criminal activities. - 8 - NC: 2025:KHC-D:1688 CRL.P No. 103860 of 2024 f) It is clarified that all observations herein are prima facie and not bind trial Court. SD/- (RAVI V.HOSMANI) JUDGE CLK CT:PA LIST NO.: 1 SL NO.: 4