- 1 - HC-KAR NC: 2025:KHC:31803 CRL.P No. 5932 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.5932 OF 2025 [482(Cr.PC)/528(BNSS)] BETWEEN: LOKANATH M.D S/O. DHARMAPPA M.L., AGED ABOUT 47 YEARS, NEAR GANAPATHI TEMPLE NO.245, MAIN ROAD HOYSALA NAGARA, POLICE COLONY, HASSAN CITY, HASSAN KARNATAKA. (AS PER CHARGE SHEET) LAKANATHA M.D., S/O. DHARMAPPA M.L., AGED ABOUT 47 YEARS, #245 HOYSALA NAGARA MAIN ROAD, POLICE COLONY BEERANAHALLY KERE, HASSAN, HASSAN, ALUR HASSAN, KARNATAKA -573201. …PETITIONER (BY SRI. UTSAV GOWDA P.S., ADVOCATE) AND: 1. STATE OF KARNATAKA HASSAN CITY PS, REP BY SPP, Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.18 16:39:15 +0530 - 2 - HC-KAR NC: 2025:KHC:31803 CRL.P No. 5932 of 2025 HIGH COURT COMPLEX, BANGALORE -560001. 2. CHIEF SUPRITENDANDENT DISTRICT PRISON, CHIKMAGALUR-577101, (BOTH ARE REP BY SPP HIGH COURT COMPLEX BANGALORE -560001). …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR RESPONDENT; SRI.M.G.KANTHARAJAPPA, ADVOCATE FOR APPLICANT/COMPLAINANT TO ASSIST THE PROSECUTION) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ARREST DATED 01.07.2024 AND REMAND ORDER DATED 02.07.2024 PASSED IN CR.NO.77/2024 ON THE FILE NO.S.C.205/2024 PENDING BEFORE HON’BLE III ADDL. DIST. AND SESSION JUDGE AT HASSAN FOR THE OFFENCE PUNISHABLE UNDER SECTION 85, 103, 3(5), 238 OF BHARATIYA NYAYA SANHITA AND SECTION 3, 4 OF DOWRY PROHIBITION ACT SET ASIDE THE ORDER REMANDING THE PETITIONER TO JUDICIAL CUSTODY RELEASE THE PETITIONER FORTHWITH AND SET ASIDE THE ORDER REMANDING THE PETITIONER TO JUDICIAL CUSTODY RELEASE THE PETITIONER FORTHWITH AND ETC. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:31803 CRL.P No. 5932 of 2025 ORAL ORDER In this petition, the petitioner seeks following reliefs. A. To quash the arrest dated 01/07/2024 and remand order dated 02/07/2024 passed in CR.No.77/2024 on the file No.SC.205/2024 pending before Hon’ble III ADDL. DIST. AND SESSION JUDGE AT HASSAN for the offence punishable under section 85, 103, 3(5), 238 of BHARATIYA NYAYA SANHITA and section 3, 4 of DOWRY PROHIBITION ACT Set aside the order remanding the petitioner to judicial custody release the petitioner forthwith. B. Set aside the order remanding the petitioner to judicial custody release the petitioner forthwith. C. Pass any such order as this Hon’ble court may be deemed fit in the interest of justice. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondents and learned counsel for the applicant in I.A.No.2/2025 and perused the material on record. 3. Learned counsel for the petitioner on instructions submits that during the pendency of the present petition, the regular bail application filed by the - 4 - HC-KAR NC: 2025:KHC:31803 CRL.P No. 5932 of 2025 petitioner before the learned Magistrate was rejected vide order dated 19.06.2025. It is submitted that the various grounds urged in the present petition by the petitioner including the grounds under Article 22(2) of the Constitution of India and Section 57 of Cr.P.C. have not been considered by the learned Magistrate while rejecting the bail application and as such, the present petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to file fresh bail application, which may be considered by the Trial Court by considering all the contentions urged in the present petition and without being influenced by the aforesaid earlier order dated 19.06.2025 passed by the Trial court rejecting the bail application. The said submission is placed on record. 4. In view of the aforesaid facts and circumstances and submission made by learned counsel for the petitioner on instructions, I deem it just and appropriate to dispose of this petition as withdrawn reserving liberty in favour of the petitioner to file a fresh/new bail petition/application - 5 - HC-KAR NC: 2025:KHC:31803 CRL.P No. 5932 of 2025 before the Trial Court by urging all available grounds including the grounds urged in the present petition, which shall be considered by the Trial Court in accordance with law, after providing an opportunity to the respondents and without being influenced by the findings and observations recorded in the earlier bail rejection order dated 19.06.2025 and within a period of one week from the date on which the petitioner files such a new/fresh bail application. Subject to aforesaid directions and reserving liberty in favour of the petitioner, petition stands disposed off. Sd/- (S.R.KRISHNA KUMAR) JUDGE EM Ct:vh List No.: 19 Sl No.: 1