- 1 - HC-KAR CNR: KAHC010468592026 NC: 2026:KHC:46378 CRL.P No. 10172 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10172 OF 2026 BETWEEN: 1. MAHESH TEJNARAYAN GAUD S/O TEJNARAYAN TULSIDAS GAUD AGED ABOUT 35 YEARS. 2. TEJNARAYAN GAUD S/O TEJNARAYAN TULSIDAS GAUD AGED ABOUT 58 YEARS. 3. MAMATHA DEVI GAUD W/O TEJNARAYAN TULSIDAS GAUD AGED ABOUT 52 YEARS. PETITIONERS NO.1 - 3 HAVING PERMANENT ADDRESS AT ROOM NO. 62/63, GEETA ESTATE DAFTARY ROAD, NEAR W.E HIGHWAY KURAR VILLAGE, MUMBAI MAHARASTRA - 400 097. 4. RAMESH TEJ NARAYAN S/O TEJNARAYAN TULSIDAS GAUD AGED ABOUT 38 YEARS. 5. RAMA RAMESH GAUD AGED ABOUT 34 YEARS. PETITIONERS NO.4 AND 5 HAVING PERMANENT ADDRESS AT ROOM NO.1, GIRISH THAKKAR CHAWL RANI SATI MARG, TIPCO HEIGHTS MUMBAI, MAHARASTHRA - 400 097. PETITIONERS NO. 1 - 5 ARE RESIDING AT ROOM NO. 62/63, GEETA ESTATE DAFTARY ROAD, NEAR W.E HIGHWAY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010468592026 NC: 2026:KHC:46378 CRL.P No. 10172 of 2026 KURAR VILLAGE, MUMBAI MAHARASTRA - 400 097. …PETITIONERS (BY SRI SHUBAM ANAND MISHRA, ADV., FOR SRI KAPIL DIXIT, ADV.) AND: STATE OF KARNATAKA BY MADIVALA POLICE STATION, REP. BY SPP HIGH COURT BUILDING BENGALURU. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.177/2026 OF MADIVALA POLICE STATION, BENGALURU CITY, REGISTERED FOR THE OFFENCES P/U/S 80 R/W 3(5) OF THE BNS, 2023 AND SEC.3 AND 4 OF THE D.P ACT, 1961, ON SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY AND GRANT SUCH OTHER RELIEFS AS THIS HONBLE COURT MAY DEEM FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 3 - HC-KAR CNR: KAHC010468592026 NC: 2026:KHC:46378 CRL.P No. 10172 of 2026 ORAL ORDER 1. Accused nos.1 to 5 in Crime No.177/2026 registered by Madivala Police Station, Bengaluru City, for the offences punishable under Sections 80 read with 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. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.177/2026 was registered by Madivala Police Station, Bengaluru City, for the aforesaid offences against the petitioners herein based on the first information dated 26.05.2026 received from Bajrangbali Ramdhani Gound - brother of deceased Sarita Mahesh Gaud. Apprehending arrest in the said case, petitioners had filed Crl. Misc. No.5611/2026 which was rejected on 27.06.2026. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that marriage of the petitioner no.1 with Sarita Mahesh Gaud was performed on 06.12.2020 and from the said wedlock, a girl - 4 - HC-KAR CNR: KAHC010468592026 NC: 2026:KHC:46378 CRL.P No. 10172 of 2026 child was born to them on 22.04.2023. Sarita had committed suicide on 07.05.2026 by hanging herself. Subsequently, a UDR case was registered in UDR.No.18/2026 and during the course of investigation of the said case, the statement of the relatives of deceased was recorded. 5. Perusal of the documents would reveal that the relatives of the deceased had informed that deceased Sarita was short- tempered and they had no doubt with regard to the cause of her death. They had stated that she had committed suicide and died. Subsequently, the dead body of the deceased was handed over to the relatives and the same was buried. After lapse of 19 days from the date of death of Sarita, first information was registered in the present case against her husband and in-laws. 6. Material on record would go to show that there is some dispute with regard to the custody of the child born to accused no.1 and the deceased. Accused no.1 has already approached the High Court of Bombay by filing a habeas corpus petition alleging that the relatives of the deceased had forcibly taken his minor daughter from his custody. Investigation of the case - 5 - HC-KAR CNR: KAHC010468592026 NC: 2026:KHC:46378 CRL.P No. 10172 of 2026 is now completed and charge sheet is already filed. Considering the aforesaid aspects of the matter, 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.177/2026 registered by Madivala Police Station, Bengaluru City, for the offences punishable under Sections 80 read with 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. - 6 - HC-KAR CNR: KAHC010468592026 NC: 2026:KHC:46378 CRL.P No. 10172 of 2026 3. Petitioner 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