- 1 - HC-KAR NC: 2026:KHC:27113 CRL.P No. 5368 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5368 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: HEAMANTH KUMAR P S/O POONARAM CHOUDARY, AGED ABOUT 27 YEARS R/AT NO.884-51-71, BEGUR MAIN ROAD, NEAR CANARA BANK PATEL LAYOUT, BEGUR, BANGALORE SOUTH BENGALURU, KARNATAKA-560068 …PETITIONER (BY SRI. BIPIN HEGDE., ADVOCATE FOR SRI. DHANI PUNJA K., ADVOCATE) AND: STATE OF KARNATAKA BY BEGUR POLICE STATION, BANGALORE REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV., ADDL SPP SRI. B.SIDDESWARA., ADVOCATE FOR DEFACTO COMPLAINANT (ABSENT)) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27113 CRL.P No. 5368 of 2026 THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C 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 FORTH WITH ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.20/2026 REGISTERED BY BEGUR POLICE STATION FOR OFFENCE P/US/ 108,80,3(5) OF BNS 2023 PENDING ON THE FILE OF THE IX ADDL CJM BENGALURU CITY AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in Crime No.20/2026 registered by Beguru Police Station, Bengaluru for offences punishable under Sections 80, 85, 45 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Sections 3 and 4 of Dowry Prohibition Act, is before this in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned Counsel for the petitioner and learned Additional State Public Prosecutor appearing on behalf of the respondent-State. - 3 - HC-KAR NC: 2026:KHC:27113 CRL.P No. 5368 of 2026 3. FIR in the present case was registered in Crime No.20/2026 of Beguru Police Station, Bengaluru, initially for the offence punishable under Sections 108, 80 read with Section 3(5) of BNS, 2023 against one Rakesh and others based on the first information dated 25.01.2026 received from Khetaram, father of deceased Sarita. Apprehending arrest in the case, petitioner and another had filed Crl.Misc. No.1733/2026 before the jurisdictional Sessions Court, which was rejected on 23.02.2026. Therefore, he is before this Court in this petition. 4. Perusal of the material on record would go to show that marriage of Sarita, who is the daughter of first informant was performed with accused No.1-Rakesh on 01.12.2020. Petitioner herein is the younger brother of accused No.1. From the wedlock of accused No.1 and the deceased, a girl child was born to them. It appears that Sarita had committed suicide on 09.01.2026. Thereafter, her parents and relatives who are all from Gujarat came to Bengaluru and the dead body of Sarita was cremated. - 4 - HC-KAR NC: 2026:KHC:27113 CRL.P No. 5368 of 2026 5. Material on record would go to show that the jurisdictional police had registered a case in UDR No.3/2026 and had recorded the statement of the relatives. Relatives of the deceased had not expressed any doubt during the course of investigation of the UDR case. It is only after a lapse of more than two weeks from the date of deceased committing suicide, on 25.01.2026, father of the deceased had approached the police with a typed complaint which is in Kannada and based on such a complaint, FIR has been registered in the present case. Allegation against the petitioner who is the brother of accused No.1 as found in the first information is that he had sought sexual favour from the deceased and also had ill-treated her. 6. Accused Nos.3 and 4 have been granted anticipatory bail in the present case and accused No.1 has been arrested. Insofar as the petitioner herein who is the younger brother of accused No.1 is concerned, allegation appears to be baseless which is made belatedly after the - 5 - HC-KAR NC: 2026:KHC:27113 CRL.P No. 5368 of 2026 death of Sarita. Investigation of the case is completed and charge sheet has been filed. Undisputedly, the petitioner has no other criminal antecedents. 7. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively subject to certain conditions. Accordingly, the following: ORDER The petition is allowed. The respondent-Police or any other Police in the State of Karnataka is directed to release the petitioner in the event of his arrest in Crime No.20/2026 registered by Beguru Police Station, Bengaluru, for the offences punishable under Sections 80, 85, 45 read with Section 3(5) of BNS, 2023 and Sections 3 and 4 of Dowry Prohibition Act, subject to the following conditions: 1. The petitioner shall appear before the concerned Court within 15 days from the date of receipt of the copy of this order - 6 - HC-KAR NC: 2026:KHC:27113 CRL.P No. 5368 of 2026 and shall execute a personal bond for a sum of Rs.1,00,000/- (One lakh only) with two sureties for the like sum to the satisfaction of the jurisdictional Court. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co- operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE JT/- CT:JL