- 1 - HC-KAR NC: 2025:KHC:36537 CRL.P No. 11451 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11451 OF 2025 BETWEEN: 1. SMT. SHAZIA AMBREEN W/O MOHAMMED FAIROZ, AGED ABOUT 40 YEARS, R/O 3RD CROSS, HUNASEKERE ROAD, VISHWANATHANAGARA, HASSAN-573 201. 2. SRI. MOHAMMED RAFFI @ AVERANG S/O MOHAMMED NAZEER, AGED ABOUT 36 YEARS, 3. SMT. THAJ UNNISA W/O NAZEER AHMED, AGED ABOUT 66 YEARS, PETITIONER NO.2 & 3 ARE R/AT: MAHAJED, KUDUVALLI, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT-577 101. …PETITIONERS (BY SRI. GIRISH KUMAR B.M., ADVOCATE) AND: STATE OF KARNATAKA BY ALDUR POLICE STATION, CHIKKAMAGALURU DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36537 CRL.P No. 11451 of 2025 HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ORDER FOR THE RELEASE OF THE PETITIONERS/ACCUSED NO.2 TO 4 ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.84/2025 FOR THE CASE REGISTERED BY ALDUR POLICE, CHIKKAMAGALURU, DISTRICT, FOR THE OFFENCE PUNISHABLE UNDER SECTION 80, 103, 3(5) OF BNS, ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT, CHIKKAMAGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioners, learned High Court Government Pleader for the State and perused the material on record. 2. Petitioners are arraigned as accused Nos.2 to 4 in Crime No.84/2025 of Aldur Police Station, Chikkamagalur, registered for the offence punishable under Section 80, 103, 3(5) of BNS, 2023. - 3 - HC-KAR NC: 2025:KHC:36537 CRL.P No. 11451 of 2025 3. This petition is preferred under Section 482 of BNSS, 2023, to enlarge the petitioners on anticipatory bail. 4. FIR is registered on a complaint lodged by Sri Syyed Javid. He has alleged that his daughter Simran was given in marriage to Imran, resident of Kattegadde, Aldur Taluk, Chikkamagalur, on 27.03.2020. For about 4 months, they lived happily, thereafter all the accused subjected his daughter to physical and mental torture demanding dowry etc., on account of which his daughter committed suicide on 23.06.2025 in her matrimonial home. 5. In the complaint, it is alleged that the petitioners have subjected the deceased to cruelty in connection with dowry and they have committed her murder. However, while filing chargesheet, Section 80 and 103 of BNS, 2023 have been deleted. Chargesheet is filed against accused Nos.1 to 4 for the offence punishable under Section 85, 108, 3(5) of BNS, 2023. - 4 - HC-KAR NC: 2025:KHC:36537 CRL.P No. 11451 of 2025 6. The case of prosecution is that on account of physical and mental torture and due to abetment by the accused, first informant’s daughter Simran committed suicide on 23.06.2025 by hanging herself in her matrimonial home. 7. Accused No.1 is arrested and he is in judicial custody. Petitioners are sister, brother and mother of accused No.1. Omnibus allegations are made against them that they too have harassed and tortured the deceased etc. 8. It is contended by the learned counsel that the deceased was staying with her husband separately. Petitioner No.1, sister of accused No.1, is married and living with her husband in Hassan. Petitioner Nos.2 and 3 are not residing along with deceased and accused No.1. He further contended that, though it is alleged in the complaint that all the accused have subjected the deceased to cruelty demanding dowry etc., and they - 5 - HC-KAR NC: 2025:KHC:36537 CRL.P No. 11451 of 2025 committed her murder, during investigation those allegations were found to be false, hence, Section 80 and 103 of BNS, 2023 which were invoked in the FIR have been deleted while filing chargesheet. In so far as Section 85 and 108 of BNS, 2023 are concerned, he contended, omnibus allegations are made against the petitioners, namely, the sister, brother and mother of accused No.1. 9. According to the learned counsel, petitioners were not staying with accused No.1 and deceased, at the time of incident. Petitioner No.1 is a married sister of accused No.1 and she is staying in Hassan, along with her husband. Petitioner Nos.2 and 3, namely the brother and mother of accused No.1 are also residing separately. 10. Prosecution has to establish that the petitioners have intentionally aided or abetted the deceased to commit suicide. Section 80 and 103 of BNS, 2023 invoked in the FIR have been deleted while filing charge sheet. Petitioners have undertaken to furnish adequate surety to - 6 - HC-KAR NC: 2025:KHC:36537 CRL.P No. 11451 of 2025 ensure their regular presence before the trial Court. In the facts and circumstances, relief sought by the petitioners can be granted by imposing necessary conditions. Hence, the following: ORDER i. Petition is allowed. ii. Petitioner/accused Nos.2 to 4 in Crime No.84/2025 of Aldur Police Station, Chikkamagalur, shall be released in the event of their arrest, subject to following conditions: a) They shall appear before the jurisdictional Court within a period of one week from the date of receipt of a copy of the order and shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with a surety for the likesum, to the satisfaction of the learned Judge. b) They shall appear before the I.O., within a week thereafter and shall cooperate with - 7 - HC-KAR NC: 2025:KHC:36537 CRL.P No. 11451 of 2025 the further investigation of the case, if any. c) They shall furnish their residential address/contact number and shall inform the I.O in case of any change in the address/contact number. d) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) They shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 38