- 1 - HC-KAR NC: 2026:KHC:13212 CRL.P No. 1313 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1313 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SYED AKTHAR PASHA S/O. LATE SYED SALAR SAB, AGED ABOUT 77 YEARS, SUDA MERCHANT, RESIDING AT SADATH COLONY, NEHRU NAGARA, BHADRAVATHI, SHIVAMOGGA PIN CODE NO – 577 301. 2. SMT. SYEDA NAZEEMA, W/O. APSAR, AGED ABOUT 43 YEARS, R/O: II CROSS, KANNADA AND URDU SCHOOL ROAD, SADATH COLONY, BHADRAVATHI, SHIVAMOGGA PIN CODE NO – 577 301. 3. SYED MUBEENA, W/O. SALEEM PASHA AGED ABOUT 41 YEARS, R/O: 5TH CROSS, SADATH COLONY, BHADRAVATI TALUK SHIVAMOGGA, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13212 CRL.P No. 1313 of 2026 PIN CODE NO - 577 301. …PETITIONERS (BY SRI. RAJU C N, ADVOCATE) AND: 1. STATE BY OLD TOWN POLICE BHADRAVATHI. REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BANGALORE. PIN CODE NO – 560 001. …RESPONDENT (BY SRI. LAKSHMAN B, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.193/2025 OF OLD TOWN POLICE BHADRAVATHI ON THE FILE OF ADDITIONAL CIVI JUDGE (JR.DN)) AND JMFC -2 COURT AT BHADRAVATHI, SHIVAMOGGA FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 75(1), 80(2), 108, 352 R/W. SECTION 3(5) OF BNS-2023 AND ETC., 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:13212 CRL.P No. 1313 of 2026 ORAL ORDER 1. This petition is filed by the petitioners who are arraigned as accused Nos.2, 3 and 4 for the offences punishable under Section 75(1), 80(2), 108, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short BNS). Factual matrix of the case: 2. The case of the prosecution is that Smt. Sabiya W/o Late Babu had lodged a complaint stating that, about four years back, her elder daughter, namely, Smt. Bibi Ayesha, who is aged about 22 years, married one Sri. Syed Saleem, who is the second son of Sri. Syed Akthar. After the marriage, the daughter and son-in-law were living happily together. After six months of marriage, the deceased came to her house stating that she was being harassed by her husband and in-laws to bring 50 grams of gold, which was promised at the time of marriage. The complainant arranged 20 grams of gold and by making three sets of earrings and handed over to - 4 - HC-KAR NC: 2026:KHC:13212 CRL.P No. 1313 of 2026 her daughter and son-in-law and sent them to the matrimonial home. The daughter of the complainant had two children. Again, the deceased came back to the house of the complainant and stated that she was being demanded to bring 30 grams of gold. The complainant was not in a position to give 30 grams of gold to her daughter. However, the husband and sister-in-law of the deceased had subjected the deceased to cruelty in one or the other pretext and used to harass her. 3. On 19.12.2025, when the complainant was at Bangalore, the father-in-law of her daughter called over the phone and informed the complainant that her daughter Bibi Ayesha was admitted to Government Hospital, Badravathi, for ill-health. After that, she was told that they had shifted her to Mc.Gann Hospital, Shivamogga for better treatment. On the following day, around 4.00 a.m., her daughter died in the said hospital. Hence, the complainant lodges a complaint against the petitioners - 5 - HC-KAR NC: 2026:KHC:13212 CRL.P No. 1313 of 2026 before the respondent – Police. The respondent – Police, after registering a case, conducted investigation. 4. Heard Sri. Raju C.N., learned counsel for the petitioners and Sri. Lakshman B., learned High Court Government Pleader for respondent. 5. Learned counsel for the petitioners submits that, the petitioners are the in-laws of the deceased. The petitioner No.1 is aged about 82 years and he is suffering from severe illness such as Blood Pressure, Diabetes, Gangrene and Heart Problem etc., Petitioner Nos.2 and 3 are also suffering from ear disability and other health issues. They are on periodical health check-up and treatment. The allegations made in the complaint against the petitioners are baseless and bald in nature. Making such submissions, learned counsel for the petitioners prays to allow the petition. 6. Learned High Court Government Pleader for respondent submits that, the averments of the complaint - 6 - HC-KAR NC: 2026:KHC:13212 CRL.P No. 1313 of 2026 would clearly indicate that the petitioners herein, being the in-laws of the deceased, were subjecting the deceased to cruelty for not bringing additional dowry in the form of gold. The deceased was being ill-treated in the matrimonial home on many occasions and it was brought to the notice of the complainant by the deceased. The deceased having not tolerated the said torture and harassment, made an attempt to commit suicide. Later, she died in the hospital. Therefore, the petitioners are not entitled for the relief, as prayed for, as they have committed heinous offence. Making such submissions, learned High Court Government Pleader prays to reject the petition. 7. Heard learned counsel for the respective parties and also perused the averments of the complaint. It appears from the record that the petitioners herein are the in-laws of the deceased – Bibi Ayesha, who is the daughter of the complainant. From the date of marriage till the date of death of the deceased, she had been subjected to - 7 - HC-KAR NC: 2026:KHC:13212 CRL.P No. 1313 of 2026 cruelty on account of demand of additional dowry in the form of gold. She had to bring 30 grams of gold agreed to be given to her husband in the form of dowry. As she could not give the gold, the deceased was being ill-treated at the hands of the petitioners. 8. Be that as it may, on considering the averments made in the complaint, the nature and gravity of the offence, the facts and circumstances of the case and the health condition of the petitioners, it is appropriate to grant bail by imposing suitable conditions. 9. Hence, I proceed to pass the following: ORDER i) This Criminal Petition is allowed. ii) The petitioners are enlarged on bail on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one (01) surety each for the likesum to the satisfaction of the Trial Court. - 8 - HC-KAR NC: 2026:KHC:13212 CRL.P No. 1313 of 2026 iii) The petitioners shall not commit any similar offence till disposal of the present case. iv) The petitioners shall appear before the Trial Court on all hearing dates, without fail. v) The petitioners shall not tamper the prosecution witnesses. In case, any of the conditions mentioned above is violated by the petitioners, liberty is reserved to the prosecution to take appropriate steps for cancellation of the bail. Sd/- (S RACHAIAH) JUDGE NM