Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:23488 CRL.P No. 3205 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 3205 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN:
1.
KUSHAL M V S/O. VASANTHA, AGED 28 YEARS, CYBER SECURITY ENGINEER, QUANTIPHI ANALYTICAL SOLUTIONS PVT LTD., WHITE FIELD, BENGALURU, NO.108, 4TH FLOOR, NO. 17. 8TH CROSS, RAJANNALAYOUT, BILEKAHALLI ROAD, BEGURU HOBLI, BENGALURU SOUTH BENGALURU.
2.
SMT. RENUKA. M. S.
W/O. VASANTHA. M. U.
AGED ABOUT 56 YEARS, NO.987, ASHIRVADA, VASANTHA NILAYA, OPP. ROYAL PUBLIC SCHOOL, ASHRAM ROAD, HINKAL, VIJAYANAGAR 3RD STAGE, MYSORE - 570 030.
…PETITIONERS (BY SRI. JITHENDRA M S., ADVOCATE)
Digitally signed by PAVITHRA N Location: High Court of Karnataka
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AND:
THE STATE OF KARNATAKA BY KUVEMPUNAGARA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
…RESPONDENT (BY SMT. ANITHA GIRISH N., HCGP) ----
THIS CRL.P FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO RELEASE THE PETITIONER NO.1 AND PETITIONER NO.2 ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN FIR/CRIME NO.106/2025, DATED 26.12.2025 PENDING BEFORE HON’BLE I ADDL. `CIVIL JUDGE (JR.DN.) AND JMFC COURT JLB ROAD, MYSORE CITY, REGISTERED BY THE RESPONDENT KUVEMPUNAGAR POLICE FOR TE OFFENCES P/U/S 108, 85, AND 3(5) OF BNS 2023 AND SECTION.4 OF DP ACT BY ACCEPTING SURETY OR ANY OTHER CONDITIONS THAT THIS HONBLE COURT MAY BE PLEASED TO IMPOSE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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ORAL ORDER
1. This criminal petition is filed by the petitioners, they are arrayed as accused Nos.1 and 2. They are seeking anticipatory bail in Crime number 106/2025 filed by the respondent - Police for the offences punishable under Section 4 of the Dowry Prohibition Act, 1961 (for short D.P. Act) and under Section 108, 85, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short BNS). Factual matrix of the case:
2. The case of the prosecution is that on 26.12.2025, the respondent-Police registered a F.I.R relating to matrimonial dispute. Initially, the respondent- Police registered criminal proceedings in UDR.No.17/2025 under Section 194 of BNS, 2023. Subsequently, it has been converted to crime number on the basis of the statement of the brother of the deceased. 3. The averments of the complaint would indicate that, the brother of the deceased by name Sampath Rao
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had lodged a complaint stating that his sister and brother- in-law were loving each other and later, they married on obtaining the permissions from their respective families. The couples were residing in Bangalore for one and half a year. During the stay, both were quarreling with each other in respect of suspecting the fidelity. 4. It is further stated that, accused No.1 was exchanging the text messages with his girl friend’s and it was shown to the deceased. It is further stated that, the deceased was taken to Mysore and asked her to stay in the house of petitioner No.2. During her stay, it is alleged that she had been subjected to cruelty and harassment. 5. It is further stated that, the deceased was started living with her parents and the complainant had requested petitioner No.1 to return the original documents of his sister to apply for suitable job. it was refused. On 08.12.2025, petitioner No.1 sent a legal notice for a divorce on mutual consent. Being upset with the said
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notice, it is alleged that, she had committed suicide on 10.12.2025 around 7.30 p.m. Hence, the complaint. The respondent - Police have registered a case and the investigation is under progress. 6. Heard Sri.
Jithendra M.S., learned counsel for the petitioner and Smt. Anitha Girish N., learned High Court Government Pleader for respondent. 7.
Learned counsel for the petitioners submits that the petitioners are innocent of the alleged offences and they have been falsely implicated in this case. In fact, the deceased was taking treatment for anxiety and depression. The deceased was having tendency of committing suicide. However, due to timely intervention by the family members, she was survived.
8. It is further submitted that the petitioner No.1 was working as a Cyber Security Engineer at Quantiphi Analytical Solutions Pvt. Ltd., Whitefield, Bangalore and he is the earning member of the family. Petitioner No.2 is the
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mother of petitioner No.1 and she is a permanent resident of Mysore. Both petitioner Nos.1 and 2 have been affected by the harassment and cruelty. They will abide by the conditions to be imposed by this Court in the event of their release on bail. Making such submissions learned counsel for the petitioners prays to allow the petition.
9. Per contra, learned High Court Government Pleader for respondent - State of Karnataka vehemently submitted that there is a nexus between the death, harrassment and cruelty. In fact, the petitioner No.1 got issued legal notice for divorce on 03.12.2025. The deceased committed suicide on 10.12.2025. She had been subjected to cruelty at the hands of the petitioners. The matter is under investigation. At this stage, it is not appropriate to grant bail to them. Making such
submissions learned High Court Government Pleader for respondent - State of Karnataka prays to reject the petition.
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10. Heard learned counsel for the respective parties and perused the averments of the complaint and also other documents available on record. It appears from the record that the petitioner No.1 and the deceased was loving each other and married with the consent of their respective families and they were residing in Bangalore. As there was a difference of opinion between the deceased and petitioner No.1 in respect of fidelity, the deceased was forced to go her parents house and she decided to reside in her parents house.
11. Be that as it may, on going through the medical records of the deceased appended to the petition, it appears that the deceased was suffering from depression, anxiety and also other mental related issues and she was taking treatment for the same since two years.
12. Considering the medical history and also that the deceased had committed suicide in her parents’ house, it is appropriate to grant them bail by imposing suitable
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conditions that would take care of the apprehension of the prosecution. Hence, I proceed to pass the following:
ORDER i. This Criminal Petition is allowed. ii. The petitioners are ordered to be enlarged on bail, in the event of their arrest in Crime No.106/2025 filed by the respondent-Police for the offences punishable under Sections 4 of the D.P Act, 1961 and under Section 108, 85, 3(5) of the BNS, 2023, on executing a personal bonds for a sum of Rs.1,00,000/- (Rupees One Lakh) each with one (01) surety each to the like sum of the satisfaction of the Investigating Officer. iii. The petitioners shall appear before the Investigating Officer within a period of one (01) month from the date of receipt of
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this order, to execute their personal bonds and also to furnish sureties. iv. The petitioners shall co-operate with the investigation as and when it is required. v. The petitioners shall appear before the Trial Court on all hearing dates, without fail. vi. The petitioners shall not threaten the prosecution witnesses nor hamper the Court proceedings. vii. The petitioners shall not leave the State without prior permission of the Court/Investigating Officer. viii. The petitioner No.1 shall surrender his passport before the Investigating Officer till disposal of the case.
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In case the petitioners violate any of the bail conditions stated supra, liberty is reserved to the prosecution to file necessary application for cancellation of bail.
Sd/- (S RACHAIAH) JUDGE
NM