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2026 DAILYLAW 28423 (KAR)

RAKESH P v. STATE OF KARNATAKA BY BEGUR POLICE STATION,

CRL.P/8113/2026 · 2026-07-15

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010386772026 NC: 2026:KHC:36226 CRL.P No. 8113 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8113 OF 2026 BETWEEN: RAKESH P S/O POONARAM CHOUDARY AGED ABOUT 29 YEARS R/AT NO.884-51-71 BEGUR MAIN ROAD NEAR CANARA BANK PATEL LAYOUT BEGUR, BANGALORE SOUTH BENGALURU, KARNATAKA - 560 068. …PETITIONER (BY SRI BIPIN HEGDE, ADV., FOR SRI DHANI PUNJA K, ADV.) AND: STATE OF KARNATAKA BY BEGUR POLICE STATION BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER HEREIN ON BAIL IN MATTER BEARING FIR OF CR.NO.20/2026 REGISTERED BY BEGUR P.S., PENDING BEFORE THE LXXI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, WHEREIN THE PETITIONER HEREIN IS ARRAIGNED AS ACCUSED NO.1, FOR THE OFFENCES P/U/S 108,82 R/W 3(5) OF BNS, 2023 AND BY SETTING ASIDE THE ORDER DTD 05.05.2026 PASSD IN CRL.MISC.NO.3553/2026 BY THE LXXI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PRODUCED HEREWITH AS ANNEXURE-C. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010386772026 NC: 2026:KHC:36226 CRL.P No. 8113 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 No.1 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 the Dowry Prohibition Act, 1961, is 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.20/2026 was registered by Beguru Police Station, Bengaluru, for the offences punishable under Sections 108, 80 read with Section 3(5) of BNS, 2023, against petitioner and others based on the first information dated 25.01.2026 received from Khetaram, father of deceased Sarita. In the said case, petitioner was arrested on 05.04.2026 and remanded to judicial custody. After completing investigation, charge sheet has been filed against four persons and petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed - 3 - HC-KAR CNR: KAHC010386772026 NC: 2026:KHC:36226 CRL.P No. 8113 of 2026 before the jurisdictional Sessions Court in Crl.Misc.No.3553/2026 was rejected on 05.05.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that marriage of the petitioner with the daughter of first informant was performed on 01.12.2020. From the wedlock, the couple have a girl child. It appears that petitioner's wife Sarita had committed suicide on 09.01.2026. Thereafter, her parents and relatives came from Gujarat to Bengaluru and had seen the dead body of Sarita. Subsequently, the dead body was cremated. 5. The material on record would go to show that jurisdictional police had registered a UDR case in UDR No.3/2026 and recorded the statement of the relatives. Relatives of the deceased had not expressed any doubt about the cause of death during the course of investigation of UDR case. It is only after a lapse of more than 2 weeks from the date of deceased committing suicide, father of deceased had approached the police with a typed complaint in Kannada dated - 4 - HC-KAR CNR: KAHC010386772026 NC: 2026:KHC:36226 CRL.P No. 8113 of 2026 25.01.2026 and based on the same, FIR is registered against petitioner and others. Accused Nos.3 and 4 have been granted anticipatory bail by this Court in Crl.P.No.3046/2026. Accused No.2 has been granted anticipatory bail by this Court in Crl.P.No.5368/2026. Petitioner, who is a cloth businessman has no other criminal antecedents. He is in custody for the last more than three months. Investigation of the case is already completed. Under the circumstances, the following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail 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 the Dowry Prohibition Act, 1961, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the - 5 - HC-KAR CNR: KAHC010386772026 NC: 2026:KHC:36226 CRL.P No. 8113 of 2026 Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 75