- 1 - HC-KAR CNR: KAHC010481812026 NC: 2026:KHC:42734 CRL.P No. 10356 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10356 OF 2026 BETWEEN: 1. MAHESHA K.N S/O NAGESHA K.T, AGED ABOUT 32 YEARS, R/AT DODDAKUNCHE KOPPALU VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT - 573 211 2. NAGESHA K T S/O THIMMEGOWDA AGED ABOUT 63 YEARS R/AT DODDAKUNCHE KOPPALU VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT - 573 211 3. NAGAMMA W/O NAGESHA K.T., AGED ABOUT 59 YEARS R/AT DODDAKUNCHE KOPPALU VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT - 573 211 …PETITIONERS (BY SRI. JOSE SEBASTIAN.,ADVOCATE) AND: STATE OF KARNATAKA BY TOWN POLICE, HOLENARASIPURA Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010481812026 NC: 2026:KHC:42734 CRL.P No. 10356 of 2026 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU - 560001 …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING THAT PLEASED TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST BY THE RESPONDENT POLICE I.E., TOWN POLICE HOLENARASIPURA IN CRIME NO.93/2026 PENDING ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC HOLENARASIPURA HASSAN DISTRICT FOR THE OFFENCES P/U/S 85, 352, 108 R/W SECTION 3(5) OF THE BNS 2023 AND SECTION 3 AND 4 OF DP ACT. 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 Nos.1 to 3 in Crime No. 93/2026 registered by Holenarasipura Town Police, Hassan for offences punishable under Sections 85, 352, 108 r/w. 3(5) of BNS 2023 and Sections 3 and 4 of Dowry Prohibition Act, are before this Court, in this petition, filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard learned counsel for the parties. - 3 - HC-KAR CNR: KAHC010481812026 NC: 2026:KHC:42734 CRL.P No. 10356 of 2026 3. FIR in Crime No.93/2026 was registered by Holenarasipura Town Police, Hassan, for the aforesaid offences against the petitioners herein, based on the first information dated 17.05.2026 received from Vedashree, daughter of the deceased Kumar and wife of accused No.1. Apprehending arrest in the said case, petitioners, who are arrayed as accused Nos. 1 to 3 in the FIR, had approached the jurisdictional Sessions Court in Crl.Misc.No.528/2026, which was rejected on 11.06.2026. Therefore, they are before this Court. 4. Learned counsel for the petitioners, having reiterated the grounds urged in the petition, submits that, the relationship between the petitioner – accused No.1 and his wife had strained after he came to know that she had an extra-marital relationship. He submits that, accused No.1 was not in the house of the deceased on 17.05.2026 at 9.00 a.m. and on the other hand, he was playing cricket with his friends. He also submits that, deceased was consuming alcohol on the evening of 17.05.2026 and - 4 - HC-KAR CNR: KAHC010481812026 NC: 2026:KHC:42734 CRL.P No. 10356 of 2026 thereafter he had committed suicide. He submits that the person who had played cricked with accused No.1 and the person who had consumed alcohol along with the deceased on the evening of 17.05.2025 have filed affidavit before this Court. He submits that the petitioners are ready and willing to co-operate with the police for the purpose of investigation. Accordingly, prays for to allow the petition. 5. Per contra, learned HCGP opposes the petition and submits that, first information clearly makes out a case against the petitioners for the alleged offences. On 13.05.2026, accused No.1 had assaulted his wife and as a result, she had suffered minor injuries. Subsequently, on 17.05.2026, he and his parents had taken the victim to her parents house and on the said day, they had demanded dowry and it is under these circumstances, the deceased had committed suicide. He submits that, considering the fact that petitioner had filed multiple affidavits of various parties, chances of him tampering - 5 - HC-KAR CNR: KAHC010481812026 NC: 2026:KHC:42734 CRL.P No. 10356 of 2026 with material charge sheet witnesses, cannot be ruled out. Accordingly, prays to dismiss the petition. 6. The first informant in the present case is the wife of accused No.1 and their marriage was solemnized on 22.03.2022. In the first information, she has alleged that, at the time of marriage, the marriage expenses of Rs.30,00,000/- was spent by her father. She has stated that, she was being ill-treated by her husband and in-laws in furtherance of their demand for dowry. This was brought to the notice of her parents. She has alleged that, on 13.05.2026, her husband had abused and had physically assaulted her. Her father, therefore, asked them to come to his house. 7. On 17.05.2026, the accused persons had taken the first informant to her parents house and on the said day, they allegedly had demanded money from her father and after humiliating him, asked him to go and die. The said incident had taken place at about 9.00 a.m. on - 6 - HC-KAR CNR: KAHC010481812026 NC: 2026:KHC:42734 CRL.P No. 10356 of 2026 17.05.2026. Subsequently, on the very same day, deceased had committed suicide by consuming poison. Though he was shifted to a hospital, he did not survive and therefore, FIR was registered against accused Nos. 1 to 3. 8. Marriage of accused No. 1 and the first informant had taken place on 22.03.2022 and the allegation is that, she was being ill-treated in her matrimonial house, by the accused persons, in furtherance of their demand for dowry. It is specifically stated that, on 13.05.2026, accused No.1, after abusing her, had physically assaulted her and this was informed to her father, who in-turn asked them to come to his house. Therefore, on 17.05.2026, accused persons, along with the first informant, had gone to the house of the deceased, who is the father-in-law of accused No.1 and after demanding money, asked him to go and die. On the very same day, the deceased had committed suicide. Therefore, there is proximity with regard to the act committed by the accused persons and - 7 - HC-KAR CNR: KAHC010481812026 NC: 2026:KHC:42734 CRL.P No. 10356 of 2026 the death of the deceased. There is a specific allegation against accused No.1 that, on 13.05.2026, he had abused and assaulted his wife and therefore, the deceased had asked him to come to his house along with his wife. Even on 17.05.2026, accused No. 1 had quarreled with his father-in-law and allegedly asked him to go and die. Therefore, I am of the opinion that there is a prima facie material as against accused No.1, which would attract the alleged offences in the FIR. Under the circumstances, his prayer for grant of anticipatory bail needs to be rejected, while the prayer of accused Nos. 2 and 3 can be answered affirmatively. Accordingly, the following: ORDER (i) The petition is partly allowed. (ii) The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner Nos. 2 and 3/accused Nos. 2 and 3 in the event of their arrest in Crime No. 93/2026 registered by Holenarasipura - 8 - HC-KAR CNR: KAHC010481812026 NC: 2026:KHC:42734 CRL.P No. 10356 of 2026 Town Police, Hassan for offences punishable under Sections 85, 352, 108 r/w. 3(5) of BNS 2023 and Sections 3 and 4 of Dowry Prohibition Act, subject to the following conditions: (a) The petitioner Nos. 2 and 3 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. (b) Petitioner Nos. 2 and 3 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. (c) Petitioner Nos. 2 and 3 shall not tamper with the prosecution witness and they shall co- operate with the police for investigation and appear before them whenever called upon. - 9 - HC-KAR CNR: KAHC010481812026 NC: 2026:KHC:42734 CRL.P No. 10356 of 2026 (d) The petitioner Nos. 2 and 3 shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE CM List No.: 1 Sl No.: 92