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High Court of Karnataka · body

2026 DAILYLAW 14072 (KAR)

ARUN KUMAR G., v. STATE BY UDAYAGIRI POLICE,

CRL.P/3689/2026 · 2026-04-07

S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:18760 CRL.P No. 3689 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 3689 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. ARUN KUMAR G., S/O S.GOPI, AGED ABOUT 30 YEARS, R/AT D.NO.321, 4TH CROSS, KYATHAMAARANAHALLI, K.N.PURA, MYSURU - 571 602. 2. CHITRA.G, W/O S.GOPI, AGED ABOUT 50 YEARS, R/AT D.NO.321, 4TH CROSS, KYATHAMAARANAHALLI, K.N.PURA, MYSURU - 571 602. …PETITIONERS (BY SRI. HARISH KUMAR M C., ADVOCATE) Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18760 CRL.P No. 3689 of 2026 AND: STATE BY UDAYAGIRI POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BANGALORE - 560 001. …RESPONDENT (BY SMT. ANITHA GIRISH N., HCGP) THIS CRL.P 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 ENLARGE THEM ON REGULAR BAIL IN C.C.NO.678/2026 (IN CR.NO.252/2025 FOR THE OFFENCES P/U/S 80 R/W 3(5) OF THE BNS AND SEC.3, 4 AND 6 OF THE D.P ACT, REGISTERED BY THE RESPONDENT UDAYAGIRI POLICE, PENDING ON THE FILE OF THE II ADDL. CIVIL JUDGE AND JMFC AT MYSURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:18760 CRL.P No. 3689 of 2026 ORAL ORDER 1. This Criminal Petition is filed by the petitioners who are arrayed as accused Nos.1 and 2 in Crime No.252/2025 filed by the respondent – Police for the offences punishable under Section 80 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short BNS), seeking for regular bail. Factual matrix of the case: 2. The case of the prosecution is that Smt. Saroja, W/o Babu had lodged a complaint stating that she has three children. Out of three children her daughter Kavitha was married to one Arun Kumar about 2 years 10 months ago and another daughter, Savitha was a B.Com graduate. It is stated that at the time of marriage of her daughter Kavitha the complainant had given 65 grams of gold ornaments to the bride groom and performed the marriage at Bapuji Kalyana Mantapa, Mandya. After the marriage, Kavitha was living in her matrimonial house along with her - 4 - HC-KAR NC: 2026:KHC:18760 CRL.P No. 3689 of 2026 husband and mother-in-law. In the said wedlock, a male child was born to Kavitha. It is further alleged that the petitioner No.2 used to pick up quarrel with Kavitha even on petty reasons. The petitioner No.2 was always abusing her on one or the other pretext and also she was being ill-treated by the petitioner No.2 stating that she did not bring sufficient dowry etc. It is further stated that the complainant was also informed about the ill-treatment of petitioner No.2. 3. It is further stated that accused No.2 being a mother-in-law of deceased Kavitha was unnecessarily slandering against deceased Kavitha to petitioner No.1. The petitioner No.1 was assaulting the deceased Kavitha. It is further stated that on 18.11.2025, petitioner No.1 brought the mangalya chain to his wife Kavitha. However, petitioner No.2 was unhappy and she forcibly snatched the mangalya chain from Kavitha. Consequently, the said Kavitha was unhappy and later she has committed suicide. - 5 - HC-KAR NC: 2026:KHC:18760 CRL.P No. 3689 of 2026 4. On 19.11.2025, at about 09.00 a.m., petitioner No.1 had called the complainant and informed her that her daughter Kavitha had committed suicide. Hence, the complaint. 5. Heard Sri. Harish Kumar M.C., learned counsel for the petitioners and Smt. Anitha Girish N., learned High Court Government Pleader for respondent. 6. Learned counsel for the petitioners submits that the petitioners are innocent of the alleged offences and they have been falsely implicated in this case. In fact, they were taking care of the deceased Kavita nicely with utmost care. Due to some difference of opinions between the complainant and the petitioners, the deceased was unhappy and has committed suicide on account of some petty reasons. However, the complainant taking advantage of the death of her daughter had lodged a false complaint in order to implicate them in a false case. - 6 - HC-KAR NC: 2026:KHC:18760 CRL.P No. 3689 of 2026 7. It is further submitted that the petitioners herein are son and mother respectively and they are the permanent residents of Kyathamaaranahalli, K.N.Pura, Mysuru. They will abide by the conditions to be imposed by this Court in the event of their release on bail. Making such submission learned counsel for the petitioner prays to allow the petition. 8. Per Contra, learned High Court Government Pleader for respondent vehemently submitted that the deceased Kavitha was staying in her matrimonial home she was being harassed by the petitioners as she did not bring gold mangalya chain from her parents. It is further stated that in addition to the demand of mangalya chain the deceased was being harassed and ill-treated by stating that she was not cooking properly and not working in the house etc. 9. It is further submitted that prior to the death of the deceased, her husband brought her one mangalya - 7 - HC-KAR NC: 2026:KHC:18760 CRL.P No. 3689 of 2026 chain to the deceased. Petitioner No.2 who is mother of petitioner No.1 was unhappy and snatched the said gold chain by stating that the deceased has to bring the said chain from her parents. The death had occurred due to cruelty and harassment of the petitioners. Therefore, they are not entitled for any relief as prayed for in the petition. Making such submission learned High Court Government Pleader for respondent prays to reject the petition. 10. Heard learned counsel for the respective parties and perused the averments of the charge-sheet, it appears from the record that the petitioner No.1 had married Kavitha on 26.01.2023. After the marriage, the deceased was staying along with the accused in the matrimonial home. Petitioner No.2 was demanding dowry in the form of mangalya gold chain and used to harass the deceased on one or the other pretext. 11. On going through the record it can be said that the petitioner No.1 being a husband was staying happily - 8 - HC-KAR NC: 2026:KHC:18760 CRL.P No. 3689 of 2026 the deceased. However, petitioner No.2 was unhappy and used to harass the deceased on one or the other pretext. Having considered the said aspect, it is appropriate to allow the petition in-part. 12. Hence, I proceed to pass the following: ORDER i. This Criminal Petition is allowed in part. ii. The petitioner No.1 is ordered to be enlarged on bail in Crime No.252/2025 filed by the respondent – Police for the offences punishable under Section 80, 3(5) of the BNS, 2023, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like sum of the satisfaction of the Trial Court. iii. The petitioner No.1 shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 9 - HC-KAR NC: 2026:KHC:18760 CRL.P No. 3689 of 2026 iv. The petitioner No.1 shall appear before the Trial Court on all hearing dates, without fail. v. The petitioner No.1 shall not indulge in any criminal cases till disposal of the case. In case, the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE BKM List No.: 1 Sl No.: 15