Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:15999 CRL.P No. 3046 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 3046 OF 2026 (438(Cr.PC)/482(BNSS)) BETWEEN:
1.
PUNARAM @ POONARAM CHOUDARY S/O TARARAM JI, AGED ABOUT 66 YEARS R/AT NO.884-51-71, BEGUR MAIN ROAD, NEAR CANARA BANK PATEL LAYOUT, BEGUR, BANGALORE SOUTH BENGALURU, KARNATAKA -560068
2.
KAMALA DEVI, W/O POONARAM CHOUDARY, AGED ABOUT 64 YEARS R/AT NO.884-51-71, BEGUR MAIN ROAD, NEAR CANARA BANK PATEL LAYOUT, BEGUR, BANGALORE SOUTH BENGALURU, KARNATAKA -560068 …PETITIONERS (BY SRI. BIPIN HEGDE., ADVOCATE AND SMT. LATHA S SHETTY., ADVOCATE)
Digitally signed by PAVITHRA N Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2026:KHC:15999 CRL.P No. 3046 of 2026
AND:
1.
STATE OF KARNATAKA BY BEGUR POLICE STATION, BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001.
2. KHETARAM AGED ABOUT 54 YEARS R/AT NO.A-403, ABHILASHA CHOWK, ANJENE CHOWK, VIRAT NAGAR AHMEDABAD.
…RESPONDENTS (BY SRI. HARISH GANAPATHY., ADVOCATE FOR R1 AND SRI. VHADRAVATI SIDDESWARA, ADVOCATE FOR R2)
THIS CRL.P FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ALLOW THE PETITION AND BE PLEASED TO GRANT PRE ARREST PROTECTION BY WAY OF ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER FORTHWITH ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.20/2026 REGISTERED BY BEGUR POLICE STATION FOR THE OFFENCE P/US/ 108, 80 R/W SEC.3(5) OF BNS 2023.
- 3 -
HC-KAR NC: 2026:KHC:15999 CRL.P No. 3046 of 2026
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
ORAL ORDER
1. The petitioners/accused Nos.3 and 4 are before this Court seeking grant of anticipatory bail in Crime No.20/2026 of respondent-police for the offence under Sections 108 and 80 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’).
Brief facts of the case:
2. The case of the prosecution is that, the complainant - Sri. Khetaram lodged a complaint stating that his daughter- Sarita had married accused No.1-Rakesh. It is stated that at the time of marriage, dowry was given in the form of cash, gold and silver to accused No.1. Due to the said wedlock, couple had one female child. It is further stated that accused No.1 and others were demanding to get a site in Bengaluru. It is alleged that the brother of accused No.1 - Hemanth who is the brother- in-law of his daughter had committed sexual intercourse with his sister-in-law/daughter of the complainant. The deceased-
- 4 -
HC-KAR NC: 2026:KHC:15999 CRL.P No. 3046 of 2026
Sarita had informed the said incident to her sister-Usha. The complainant had called accused No.1 and requested him to take care of his daughter and also assured him that he would arrange finance to get him a site in Bengaluru.
3. On 06.01.2026, the son of the complainant had received a video call. In the said video call, the accused were quarreling with the deceased-Sarita on the trivial issues. The complainant and his family members requested the accused to take care of his daughter properly. However, on 09.01.2026 around about 04.30 p.m., the son of the complainant had received an information that his sister had committed suicide in the matrimonial home. The said fact has been learnt by the complainant. Hence, a complaint came to be registered against the accused. Based on the said complaint, the respondent- police have registered a case and conducted investigation. The investigation is under progress.
4. Heard Sri. Bipin Hegde, counsel for Smt. Latha S. Shetty, learned counsel for the petitioners, Sri. Harish Ganapathy,
learned counsel for respondent No.1 and
- 5 -
HC-KAR NC: 2026:KHC:15999 CRL.P No. 3046 of 2026
Sri.Bhadravadi Siddeswara, learned High Court Government Pleader for respondent -State.
5. It is the submission of the learned counsel for the petitioners that, the petitioners are arrayed as accused Nos.3 and 4. They are the in-laws of the deceased. There are omnibus allegations made against the petitioners. No specific overt - act is attributed against the petitioners. The petitioners are aged about 66 and 64 years, respectively. They are the permanent residents of Begur, Bengaluru South. They will abide by the conditions imposed by this Court in the event of their release on bail. Making such submissions, learned counsel for the petitioners prays to allow the petition.
6. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that this is one of the classic cases for dowry death. The brides are being targeted by the so called husband and in-laws either to bring additional dowry or to face the consequences of harassment. Demanding dowry is a social stigma and it has to be regulated by way of dealing with such issue in a suitable manner. It is also important to take note of the fact that such matters are
- 6 -
HC-KAR NC: 2026:KHC:15999 CRL.P No. 3046 of 2026
serious in nature and leniency cannot be shown in such matters.
7 It is further submitted that in the present case, there are serious allegations leveled against the petitioner and others. Therefore, it is not appropriate to grant them bail. Making such submissions, he prays to reject the petition.
8. Having heard learned counsel for the respective parties and perused the averments of the complaint, it appears from the record that the petitioners are the in-laws of the deceased. The allegations made against the petitioners are that they were demanding additional dowry in the form of site. On going through the averments of the complaint, it appears that omnibus allegations are made against the petitioners. Hence, I am of the considered opinion that the petitioners are entitled for bail not only on the basis of the merit of the case but also considering their age and also other circumstances.
- 7 -
HC-KAR NC: 2026:KHC:15999 CRL.P No. 3046 of 2026
9. Hence, I proceed to pass the following:
ORDER (i) The petition is allowed. (ii) The petitioners are ordered to be enlarged on bail in the event of his arrest in Crime No.20/2026 of respondent- police for the offence under Sections 108 and 80 read with 3(5) of Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety each for the likesum to the satisfaction of the Trial Court. (iii) The petitioners shall appear before the jurisdictional police within a period of one month from the date of receipt of this order to execute personal bond and also to furnish surety. (iv) The petitioners shall co-operate with investigation till filing of the final report. (v) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (vi) The petitioners shall appear before the Trial Court on all hearing dates without fail.
- 8 -
HC-KAR NC: 2026:KHC:15999 CRL.P No. 3046 of 2026
(vii) The petitioners shall not commit any criminal cases till disposal of the case. The Registry is directed communicate this order to the concerned jurisdictional police forthwith.
In case, the petitioners violate 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
NR/- List No.: 1 Sl No.: 50