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2026 DAILYLAW 43907 (KAR)

SRI. MAHESH. M. v. STATE OF KARNATAKA

CRL.P/13763/2026 · 2026-09-30

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010615082026 NC: 2026:KHC:54347 CRL.P No. 13763 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13763 OF 2026 BETWEEN: SRI. MAHESH. M. S/O MAHADEVAPPA, AGED ABOUT 43 YEARS, RESIDING AT NO.57, BEHIND GAYATRI TEMPLE, BAIRAHANUMAIAH COLONY, YESHWANTHAPURA, BENGALURU - 560 022. …PETITIONER (BY SRI. VIPIN N, ADVOCATE) AND: STATE OF KARNATAKA BY YESHWANTHAPURA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, BENGALURU. …RESPONDENT (BY SRI. RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE / ENLARGE THE PETITIONER / ACCUSED NO.(1) ON REGULAR BAIL IN CONNECTION WITH FIR NO. (151/2026), REGISTERED AT YESHWANTHAPURA POLICE STATION, FOR THE OFFENCES ALLEGED U/S OFFENCE P/U/S Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010615082026 NC: 2026:KHC:54347 CRL.P No. 13763 of 2026 85, 80(2) R/W 3(5) OF THE BNS AND SEC.3 AND 4 OF THE DP ACT, CURRENTLY PENDING ON THE FILE OF THE LEARNED OF HONBLE XLIX ACJM, BENGALURU OF YESHWANTHAPURA POLICE STATION, DURING THE PENDENCY OF THE INVESTIGATION / TRIAL. 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 No.1 in Crime No.151/2026 registered by Yeshwanthapura Police Station, Bengaluru City, for the offences punishable under Sections 3 and 4 of Dowry Prohibition Act, 1961 and Sections 80(2), 85 read with Section 3(5) of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.151/2026 was registered by Yeshwanthapura Police Station, Bengaluru City, for the - 3 - HC-KAR CNR: KAHC010615082026 NC: 2026:KHC:54347 CRL.P No. 13763 of 2026 aforesaid offences against the petitioner and his mother, based on the first information dated 06.05.2026 received from Sri Arun K., younger brother of deceased Sharada. In the said case, the petitioner was arrested on 06.05.2026 and remanded to judicial custody. After completing investigation, charge sheet is filed against two persons, and the petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.7434/2026 was rejected on 13.08.2026. Therefore, he is before this Court. 4. Material available on record would go to show that the marriage of deceased Sharada, aged 41 years, was solemnised with the petitioner on 31.07.2025. It appears that Sharada committed suicide in her matrimonial house on 05.05.2026 by hanging herself. Thereafter, her brother Arun (CW-1) had approached the police on 06.05.2026 and based on his first information, FIR was registered against the petitioner and his mother - 4 - HC-KAR CNR: KAHC010615082026 NC: 2026:KHC:54347 CRL.P No. 13763 of 2026 for the aforesaid offences. Investigation of the case is now completed and charge sheet is filed. 5. The charge sheet material would go to show that Sharada was residing in an Ashram and she was unmarried. Her younger brother CW-1, was residing separately. It appears that except CW-1, Sharada had no other relatives. 6. A reading of the first information as well as the charge sheet material would go to show that CW-1 had not even attended the marriage of his sister. Therefore, the allegation now made in the first information as well as in the charge sheet that dowry was paid to the accused persons at the time of marriage and there was a further demand for dowry by the petitioner and therefore, Sharada had committed suicide in her matrimonial house etc., becomes difficult to be believed. 7. Accused No.2 has been granted bail in the present case. The petitioner, who has no other criminal - 5 - HC-KAR CNR: KAHC010615082026 NC: 2026:KHC:54347 CRL.P No. 13763 of 2026 antecedents is in custody from 06.05.2026. Investigation of the case is completed and charge sheet is filed. The allegations found in the charge sheet against the accused person are required to be proved in a full-fledged trial. 8. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: O R D E R i) The Criminal Petition is allowed. ii) The petitioner is directed to be enlarged on bail in Crime No.151/2026 registered by Yeshwanthapura Police Station, Bengaluru City for the offences punishable under Sections 3 and 4 of Dowry Prohibition Act, 1961 and Sections 80(2), 85 read with Section 3(5) of BNS, 2023, subject to the following conditions: - 6 - HC-KAR CNR: KAHC010615082026 NC: 2026:KHC:54347 CRL.P No. 13763 of 2026 a) The petitioner shall execute 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 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 SHS List No.: 1 Sl No.: 58