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2026 DAILYLAW 21265 (KAR)

GOVINDAPPA v. STATE OF KARNATAKA

CRL.P/4708/2026 · 2026-06-11

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28307 CRL.P No. 4708 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4708 OF 2026 BETWEEN: 1. GOVINDAPPA S/O VEERANNA AGED ABOUT 55 YEARS OCCUPATION: AGRICULTURIST TAPASIHALLI, TUBAGERE HOBLI DODDABALLAPURA BENGALURU DIST., KARNATAKA - 561 205. 2. NARAYANSWAMY S/O GOVINDAPPA AGED ABOUT 28 YEARS, TAPASIHALLI, TUBAGERE, HOBLI, DODDABALLAPURA, BENGALURU DIST., KARNATAKA 561 205. …PETITIONERS (BY SRI H. SUNIL KUMAR S, ADV.) AND: 1. STATE OF KARNATAKA BY BENGALURU DISTRICT WOMEN P.S, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. 2. M. NARAYANAPPA S/O LATE MAHADEVAPPA AGED ABOUT 62 YEARS R/AT SOUTHENAHALLI VILLAGE, TUBAGERE HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT - 561 205. …RESPONDENTS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28307 CRL.P No. 4708 of 2026 (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1; SRI PRAVEEN KUMAR N.K, ADV., FOR R-2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THEM ON REGULAR BAIL IN CRIME NO.240/2025 REGISTERED BY THE DODDABALLAPURA WOMEN POLICE STATION FOR THE OFFENCES P/U/S 80, 85, 54, 74, 115(2), 352 AND 190 OF THE BNS 2023 WHICH IS NOW PENDING IN SC NO.10006/2026 IV ADDL.DISTRICT AND SESSIONS COURT, BENGALURU RURAL SITTING AT DODDABALLAPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.2 and 3 in S.C.No.10006/2026 pending on the file of IV Addl. District & Sessions Judge, Bengaluru Rural (sitting at Doddaballapura) arising out of Crime No.240 of 2025 registered by Bengaluru District Women Police Station for offences punishable under Sections 80, 85, 54, 74, 115(2), 352 and 190 of BNS 2023 are before this Court in this petition filed under Section 483 of BNSS 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.240 of 2025 was registered by Bengaluru District Women Police Station for the aforesaid - 3 - HC-KAR NC: 2026:KHC:28307 CRL.P No. 4708 of 2026 offences against one Venu and others, based on the first information dated 20.10.2025 received from Sri M Narayanappa, who is the father of deceased Smt. Pushpavati. During the course of investigation, petitioner no.1 was arrested on 20.10.2025 and petitioner no.2 was arrested on 24.11.2025. Their bail application filed before the trial Court in S.C.No.10006 of 2026 was rejected on 12.03.2026. Therefore, they are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that accused no.1 is the husband of the deceased. The deceased had earlier filed a criminal case on 10.08.2025 in Crime No.178 of 2025, based on which, a FIR was registered for offences punishable under Sections 74, 85, 115(2), 351(2), 352 and 190 of BNS 2023. No allegation of demand for payment of dowry was made in the said case. Subsequently, deceased was residing separately and on 20.10.2025 deceased had jumped into a pickup dam and had committed suicide. He submits that investigation is completed and charge sheet is filed. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2026:KHC:28307 CRL.P No. 4708 of 2026 5. Per contra, learned HCGP and learned counsel appearing for the defacto complainant, who has filed his statement of objection have opposed the petition. 6. Learned counsel for the defacto complainant having referred to the statement of the charge sheet witnesses, submits that there are clear allegations against the present petitioners, which would attract the alleged offences against them. He therefore, prays to dismiss the petition. 7. Perusal of the material on record would go to show that marriage of accused no.1 with the deceased was solemnized on 11.11.2024. After the marriage, they had lived happily for a short time. It appears that thereafter there was a dispute between the husband and wife and on 10.08.2025 deceased had approached Doddaballapura Women Police Station on 10.08.2025 and submitted a complaint based on which, FIR in Crime No.178 of 2025 was registered against her husband and relatives for offences punishable under Sections 74, 85, 115(2), 351(2), 352 and 190 of BNS 2023. In the said case, charge sheet has been filed and case was pending in - 5 - HC-KAR NC: 2026:KHC:28307 CRL.P No. 4708 of 2026 C.C.No.7142 of 2025. Undisputedly, no allegation about demand of dowry was made in the said case. 8. Charge sheet material would go to show that after registering Crime No.178 of 2025, the victim was staying separately from her husband and the allegation in the charge sheet about the incidents that had taken place on 13.10.2025, and 14.10.2025 is only as against accused no.1. There is no allegation in the charge sheet against any other accused persons about their involvement in any act committed after registration of case in Crime No.178 of 2025. Even in the present case, the offences punishable under the provisions of Dowry Prohibition Act has not been invoked. Therefore, a serious doubt arises with regard to the allegations found in the charge sheet that the victim had committed suicide since she was being ill-treated in her matrimonial house, in furtherance of demand made for dowry by the accused persons. 9. Undisputedly, the accused are not having any criminal antecedents except the aforesaid criminal case registered in Crime No.178 of 2025. They are in custody from 20.10.2025 and 24.11.2025 respectively. Investigation of the - 6 - HC-KAR NC: 2026:KHC:28307 CRL.P No. 4708 of 2026 case is now complete and charge sheet has been filed. All other accused, except accused no.1, have been enlarged on bail in the present case. Under the circumstances, I am of the opinion that, the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. 10. Accordingly, the following:- ORDER The petitioners are directed to be enlarged on bail in S.C.No.10006/2026 pending on the file of IV Addl. District & Sessions Judge, Bengaluru Rural (sitting at Doddaballapura) arising out of Crime No.240 of 2025 registered by Bengaluru District Women Police Station for offences punishable under Sections 80, 85, 54, 74, 115(2), 352 and 190 of BNS 2023, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless - 7 - HC-KAR NC: 2026:KHC:28307 CRL.P No. 4708 of 2026 the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 51