- 1 - HC-KAR NC: 2025:KHC-D:9569 CRL.P No. 102897 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102897 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MOHAMMED SADIQ S/O. ABDULGAFAR TADAKAL, AGE. 30 YEARS, OCC. COOLIE, R/O. NO.37/A, M.D. COLONY, YELLAPUR ONI, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580 020. … PETITIONER (BY SRI. RAGHAVENDRA A. PUROHIT, ADVOCATE) AND: THE STATE OF KARNATAKA, BY BENDIGERI P.S., R/BY THE SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 020. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023), PRAYING TO GRANT BAIL IN FAVOUR OF THE PETITIONER HEREIN CONCERNED/ACCUSED NO.1 IN BENDIGERI P.S. HUBBALLI, CRIME NO.0044/2025 FOR ALLEGING OFFENCE PUNISHABLE UNDER SECTIONS 80, 85, 115(2), 351(2), 351(3), 352 R/W SEC. 3(5) OF B.N.S. 2023 AND U/SEC.4 OF DOWRY PROHIBITION ACT 1961 PENDING BEFORE THE III ADDL. CIVIL JUDGE AND JMFC, HUBBALLI. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9569 CRL.P No. 102897 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in Crime No.44/2025 registered by Bendigeri Police Station, Hubballi Dharwad District for offences punishable under Sections 80, 85, 115(2), 351(2), 351(3), 352 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 4 of Dowry Prohibition Act, is before this Court under Sections 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.44/2025 was registered by Bendigeri Police Station, Hubballi Dharwad for the aforesaid offences against the petitioner and his family members, based on the first information dated 10.04.2025 received from Mahammad Jafar Belgaum, who is the father of deceased Gousiya Banu. During the course of investigation of the case, petitioner was arrested on 11.04.2025 and subsequently remanded to judicial - 3 - HC-KAR NC: 2025:KHC-D:9569 CRL.P No. 102897 of 2025 custody. After completing investigation, charge sheet has been filed against five persons and petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court in Crl. Misc. No.5371/2025 was rejected on 02.07.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that allegation in the charge sheet against accused Nos.1 to 5 are similar. There is no specific allegation as against any one of the accused in the present case. Accused Nos.2 to 5 have been granted regular bail by this Court at crime stage. Petitioner has no criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that death has taken place within a period of seven years from the date of marriage and therefore, there is a presumption against the accused. She accordingly prays to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC-D:9569 CRL.P No. 102897 of 2025 6. Petitioner is the husband of the deceased Gousiya Banu and the first informant is the father of the deceased. Marriage of the petitioner with the deceased Gousiya Banu was performed on 07.07.2021 and it appears that Gousiya Banu had committed suicide by hanging herself in her matrimonial home on 10.04.2025. Though in the first information it is alleged that the accused persons were demanding dowry from the deceased and were ill-treating her, no specific allegations are made against any one of the accused nor the particulars of the incident in which deceased was tortured in her matrimonial house has been mentioned. 7. Petitioner, who has no criminal antecedent, was arrested in the present case on 11.04.2025. Even in the charge sheet which is filed against the accused, allegation against accused Nos.1 to 5 appears to be similar. There are no specific allegations as against any one of the accused. Accused Nos.2 to 5 have been granted regular bail by this Court in Criminal Petition No.101818/2025 and - 5 - HC-KAR NC: 2025:KHC-D:9569 CRL.P No. 102897 of 2025 in Criminal Petition No.101815/2025 which were disposed of on 06.05.2025. Therefore, it is apparent that even before the charge sheet was filed, the accused Nos.2 to 5 have been granted regular bail by this Court in the present case. 8. So far as the petitioner is concerned, he is in custody from 11.04.2025. Investigation is now completed and charge sheet is filed. Under the circumstances, I am of the opinion that the prayer made by the petitioner who has no criminal antecedents for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal Petition is allowed. Petitioner is directed to be enlarged on bail in Crime No.44/2025 registered by Bendigeri Police Station, Hubballi Dharwad District for offences punishable under Sections 80, 85, 115(2), 351(2), 351(3), 352 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and - 6 - HC-KAR NC: 2025:KHC-D:9569 CRL.P No. 102897 of 2025 Section 4 of Dowry Prohibition Act, subject to the following conditions: i. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioner shall not involve in similar offences in future. v. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 25