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2026 DAILYLAW 25837 (KAR)

MARUTHISH M R v. STATE BY WOMEN POLICE STATION

CRL.P/7749/2026 · 2026-07-03

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33425 CRL.P No. 7749 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7749 OF 2026 BETWEEN: 1. MARUTHISH M.R S/O RAMAKRISHNAIAH AGED ABOUT 38 YEARS. 2. GOWRAMMA W/O RAMAKRISHNAIAH AGED ABOUT 60 YEARS R/AT WARD NO.11 GANGASANDRA ROAD, MELEKOTE TUMAKURU DISTRICT - 572 105. …PETITIONERS (BY SRI RAVIKUMARA B.R, ADV.) AND: STATE BY WOMEN POLICE STATION TUMKUR, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THESE PETITIONERS IN CR.NO.40/2026 REGISTERED BY TUMAKURU WOMEN P.S., FOR THE OFFENCES P/U/S 85,88,115(2),351(2),352,3(5) OF BNS, 2023, U/S 3 AND 4 OF D.P ACT, PENDING BEFORE THE HONBLE 2nd ADDL. SENIOR CIVIL JUDGE AND JMFC COURT, TUMAKURU, BY DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST BY THE RESPONDENT POLICE IN CR.NO.40/2026, FOR THE OFFENCES P/U/S 85,88,115(2),351(2),352,3(5) OF BNS, 2023, U/S 3 AND 4 OF D.P ACT. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33425 CRL.P No. 7749 of 2026 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.1 & 2 in Crime No.40/2026 registered by Tumakuru Women Police Station, Tumakuru District, for the offences punishable under Sections 85, 88, 115(2), 351(2), 352, 3(5) of BNS, 2023, and Sections 3, 4 of Dowry Prohibition Act, 1961, are before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.40/2026 was registered by Tumakuru Women Police Station, Tumakuru District, for the aforesaid offences against the petitioners herein based on the first information dated 16.03.2026 received from Sushma Kanchana who is the alleged victim in the present case. Apprehending arrest in the said case, petitioners who are husband and mother-in-law of the first informant, had approached the jurisdictional Sessions Court in Crl. Misc. No.682/2026 which - 3 - HC-KAR NC: 2026:KHC:33425 CRL.P No. 7749 of 2026 was dismissed on 15.05.2026. Therefore, they are before this Court. 4. Perusal of the first information dated 16.03.2026 would go to show that the marriage of the petitioner no.1 with the first informant was performed on 24.05.2020. In the first information, it is alleged that at the time of marriage, there was demand for dowry and accordingly, the family of the victim had given cash and jewellery to the accused persons as dowry. It is also alleged that subsequently a sum of Rs.3 lakhs was paid under a cheque for purchase of some property. 5. Perusal of the averments found in the first information would reveal that after the relationship between accused no.1 and his wife had failed, number of panchayaths were held and the parties had also gone before the conciliation centre. Subsequently, the parties also had approached the CDPO on 06.02.2026 and after all the attempts for conciliation had failed, first information was filed on 16.03.2026. 6. The allegations found in the first information are omnibus in nature. Petitioners who have no other criminal antecedents - 4 - HC-KAR NC: 2026:KHC:33425 CRL.P No. 7749 of 2026 have undertaken to co-operate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that petitioners' prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 7. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.40/2026 registered by Tumakuru Women Police Station, Tumakuru District, for the offences punishable under Sections 85, 88, 115(2), 351(2), 352, 3(5) of BNS, 2023, and Sections 3, 4 of Dowry Prohibition Act, 1961, subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 5 - HC-KAR NC: 2026:KHC:33425 CRL.P No. 7749 of 2026 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK