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2026 DAILYLAW 31911 (KAR)

ABHILASH @ ABHILASH SATISH v. STATE OF KARNATAKA

CRL.P/8125/2026 · 2026-07-29

S Vishwajith Shetty

Public Interest Litigationbody2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010384312026 NC: 2026:KHC:39469 CRL.P No. 8125 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8125 OF 2026 (438(CR.PC) / 482(BNSS)) BETWEEN: ABHILASH @ ABHILASH SATISH S/O B SATISH AGED ABOUT 35 YEARS R/O NO. 51, 6TH MAIN NEAR BDA PARK AVALAHALLI BDA LAYOUT HOSAKERAHALLI BENGALURU-560085. …PETITIONER (BY SRI. ABHILASH MISHRA, ADVOCATE FOR SRI. KAPIL DIXIT., ADVOCATE) AND: STATE OF KARNATAKA BY TUMAKURU WOMEN POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001. …RESPONDENT (BY SRI.RANGASWAMY R, HCGP FOR R1: SRI. V MANJUNATH, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO. 55/2026 REGISTERED BY THE TUMAKURU WOMEN Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010384312026 NC: 2026:KHC:39469 CRL.P No. 8125 of 2026 POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 85, 54, 109, 115(2), 189(2), 351(2), 352 AND 3(5) OF THE BHARATIYA NYAYA SANHITA, 2023 AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT, 1961, PENDING ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND JMFC COURT TUMKURU. 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 in Crime No.55/2026 registered by Tumakuru Women Police Station, Tumakuru, for offences punishable under Sections 85, 54, 109, 115(2), 189(2), 351(2), 352 and 3(5) of BNS, 2023 and Sections 3 and 4 of 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. Learned counsel for the petitioner submits that, relationship between the petitioner and his wife, who is the first informant in the present case, has strained, efforts made to settle the dispute has failed and only with - 3 - HC-KAR CNR: KAHC010384312026 NC: 2026:KHC:39469 CRL.P No. 8125 of 2026 an intention to harass the petitioner, a false complaint has been lodged against the petitioner and his relatives, who are also arrayed as accused. He submits that, victim has not suffered any injuries in the incident in question. Petitioner, who has no other criminal antecedents is ready and willing to co-operate with the police for the purpose of investigation. 4. Per contra, learned HCGP and learned counsel for the respondent No.2 have opposed the bail application. 5. Learned counsel for the respondent No.2 submits that, petitioner has been harassing and torturing the first informant, ever since the day of their marriage. He is in the habit of consuming alcohol and regularly been ill- treating his wife, demanding dowry. He has made an attempt to commit murder of his wife, in furtherance of his demand for dowry. Accordingly, he prays to dismiss the petition. - 4 - HC-KAR CNR: KAHC010384312026 NC: 2026:KHC:39469 CRL.P No. 8125 of 2026 6. Material on record would go to show that, marriage of the petitioner with the first informant was performed on 02.03.2025. Allegation against the petitioner and his family members is that, at the time of marriage, they had demanded dowry and, accordingly, the family of the first informant had paid dowry in cash as well as in gold jewelleries. 7. It is further alleged that, the first informant was ill-treated in her matrimonial house, in furtherance of the demand by the accused persons for additional dowry and the petitioner, who is in the habit of consuming alcohol, used to abuse her mentally and physically, regularly. On 18.03.2026, petitioner allegedly had fought with his wife, demanding dowry and the same was informed by her to her parents. Therefore, her parents had come to the matrimonial house and had taken her along with them. On 22.03.2026, the petitioner allegedly went to the house of his in-laws and quarrelled with them in furtherance of his demand for dowry. It is also alleged in the complaint that, - 5 - HC-KAR CNR: KAHC010384312026 NC: 2026:KHC:39469 CRL.P No. 8125 of 2026 much prior to the aforesaid incident, the petitioner had tried to smother the first informant with the help of a pillow. 8. Undoubtedly, the first informant has not filed any other case as against the petitioner herein till date. It is not in dispute that, first informant has not suffered any injury on her body as a result of the alleged assault made by the petitioner. The first informant had made allegations against the petitioner about abusing and assaulting her on 07.03.2026, 18.03.2026 and 22.03.2026. The allegation against the petitioner about he attempting to commit her murder by smothering her is, much prior to the aforesaid incidents. No complaint was lodged as against the petitioner for the said act allegedly committed by him. 9. It is not in dispute that, petitioner has no criminal antecedents and he has undertaken to co-operate with the police for the purpose of investigation. Considering the nature of allegations found in the typed first information - 6 - HC-KAR CNR: KAHC010384312026 NC: 2026:KHC:39469 CRL.P No. 8125 of 2026 submitted by the wife of the petitioner, I am of the opinion that his prayer for grant of anticipatory bail needs to be answered affirmatively, subject to appropriate conditions. According following: ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No. 55/2026 registered by Tumakuru Women Police Station, Tumakuru, for offences punishable under Sections 85, 54, 109, 115(2), 189(2), 351(2), 352 and 3(5) of BNS, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961, subject to the following conditions: (i) The Petitioner 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/- with two sureties for the likesum to the satisfaction of the investigating officer. - 7 - HC-KAR CNR: KAHC010384312026 NC: 2026:KHC:39469 CRL.P No. 8125 of 2026 (ii) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. (iii) 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. (iv) The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE CM LIST NO.: 1 SL NO.: 54