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2026 DAILYLAW 51434 (KAR)

M. M KADIRAVAN v. STATE BY MICO LAYOUT P S

CRL.P/16125/2025 · 2026-01-07

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:811 CRL.P No. 16125 of 2025 C/W CRL.P No. 16147 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16125 OF 2025 (439(Cr.PC) / 483(BNSS)) C/W CRIMINAL PETITION No. 16147 OF 2025 IN CRL.P No. 16125/2025 BETWEEN: 1. M. M KADIRAVAN S/O MURUGESAN T.C AGED ABOUT 30 YEARS R/A No.45 RAMANASHREE ENCLAVE BILEKAHALLI, BENGALURU. PERMANENT RESIDENT OF No. 35, SAI KRISHNA ROAD HOSUR TALUK KRISHNAGIRI DISTRICT TAMIL NADU. …PETITIONER (BY SRI. G M SHARATHKUMAR, ADVOCATE) AND: 1. STATE BY MICO LAYOUT P S, BENGALURU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:811 CRL.P No. 16125 of 2025 C/W CRL.P No. 16147 of 2025 HIGH COURT OF KARANTAKA BENGALURU-560 001. …RESPONDENT (BY SRI HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (UNDER SECTION 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN C.C.No.38699/2025 ARISING OUT OF CR.No.247/2025 ON THE FILE OF THE HON’BLE C.J.M (CMM) COURT NRUPATUNGA ROAD, BENGALURU REGISTERED BY MICO LAYOUT P.S. BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 80(2),85,108,238,49N READ WITH 3(5) OF THE BNS 2023. IN CRL.P No. 16147/2025 BETWEEN: 1. MURUGESAN @ THOGARAPALI CHINNATHAYAPPAN MURUGESAN S/O CHINNATHAYAPPAN AGE ABOUT 58 YEARS R/AT PLOT No.35 SAI KRISHNA ROAD HOSUR KRISNAGIRI TAMIL LNADU – 635 109. 2. MEENA @ MUNIATHNA MURUGESAN W/O MURUGESAN @ THOGARAPALI CHINNATHAYAPPAN, MURUGESAN AGED ABOUT 51 YEARS R/AT PLOT No. 35 SAI KRISHNA ROAD HOSUR KRISNAGIRI TAMIL NADU – 635 109. - 3 - HC-KAR NC: 2026:KHC:811 CRL.P No. 16125 of 2025 C/W CRL.P No. 16147 of 2025 3. KAYALVIZHI M M W/O DEEPAK RAJ AGE ABOUT 28 YEARS R/A No.26/1B 1, JAKKAPPAN NAGAR 6TH CROSS KRISHNAGIRI TAMIL NADU – 635 001. ...PETITIONERS (BY SRI G M SHARATHKUMAR, ADVOCATE) AND: STATE BY MICO LAYOUT PS BENGALURU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENALURU – 560 001. ...RESPONDENT (BY SMT. WAHEEDA, M M, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C (UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CC.No.38699/2025 ARISING OUT OF CR.No.247/2025 REGISTERED BY MICO LAYOUT P.S., BENGALURU CITY, PENDING ON THE FILE OF THE HONBLE CJM (CMM) COURT, NRUPATUNGA ROAD, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 80(2),85,108,238,49 R/W 3(5) OF BNS, 2023, UNDER SECTION 3 AND 4 OF D.P ACT, 1961. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 4 - HC-KAR NC: 2026:KHC:811 CRL.P No. 16125 of 2025 C/W CRL.P No. 16147 of 2025 ORAL ORDER Crl.P.No.16125/2025 is filed by accused No.1 under Section 483 of BNSS seeking regular bail and Crl.P.No.16147/2025 is filed by accused Nos.2, 3 and 4 under Section 482 of BNSS seeking anticipatory bail. Both the petitions are filed in respect of Cr.No.247/2025 of Mico Layout Police Station registered for the offence punishable under Section 80(2), 85, 108, 238, 49 r/w 3(5) of BNS and Sections 3 and 4 of Dowry Prohibition Act. 2. Heard learned counsel for the petitioner and learned HCGP for respondent/State. 3. Learned counsel for the petitioners would contend that the marriage of accused No.1 with deceased has taken place on 16.09.2024. Accused No.1 and deceased were working in Bangalore and residing in Bangalore. Accused Nos.2 and 3 are parents and accused No.4 is the sister residing in Tamil Nadu. Accused No.4 who is the sister of accused No.1 was married and she was residing in - 5 - HC-KAR NC: 2026:KHC:811 CRL.P No. 16125 of 2025 C/W CRL.P No. 16147 of 2025 the house of her husband. The deceased has completed her M.Tech and working in Bengaluru. The husband has given notice to the wife asking her to join him. The husband has taken the deceased to the hospital as she was anxious to conceive and he has provided treatment to her between 19.07.2025 and 08.08.2025. It is not possible to write 10 page death note in mobile stated to be written by the deceased. The investigation is over and charge sheet has been filed. Therefore, the petitioners are not required for custodial interrogation. With this he prayed to allow the petitions. 4. Per contra, learned HCGP would contend that the further statement of the complainant who is the father of deceased clearly indicates that since beginning husband and his family members were harassing the deceased mentally and physically demanding dowry, car, AC, etc. The deceased has left death note in her mobile and it contains the details of harassment given by her husband, his parents and sister. It is alleged that accused No.1 has - 6 - HC-KAR NC: 2026:KHC:811 CRL.P No. 16125 of 2025 C/W CRL.P No. 16147 of 2025 deleted the said text written by the deceased in her mobile and subsequently it has been retrieved. The deceased has earlier given letter to the police on 15.05.2025 and it also contains the harassment given by the accused persons. The death has taken place within one year of the marriage of the deceased with accused No.1. Due to harassment made by the petitioners physically and mentally demanding dowry, the deceased has committed suicide. The suicide note contained in the mobile has been written on the same day on which deceased has committed suicide. If the petitioners are granted bail/anticipatory bail there are chances of they threatening the prosecution witnesses. With this they prayed to reject the petitions. 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. The marriage of accused No.1 with deceased Gayathri took place on 16.09.2024. At the time of marriage the accused persons have demanded dowry and - 7 - HC-KAR NC: 2026:KHC:811 CRL.P No. 16125 of 2025 C/W CRL.P No. 16147 of 2025 accordingly, 40 sovereign gold, Rs.6 lakhs cash has been given to the accused persons. It is alleged that the accused persons further demanded car, AC etc and they were harassing the deceased mentally and physically. Earlier there was a complaint given to the police and at that time the deceased has given letter to the police dated 15.05.2025 wherein she has stated about physical assault by her husband on her. Earlier accused No.1 and deceased were residing in Tamilnadu along with parents. Subsequently, they shifted to Bangalore and residing in a rented house and the deceased committed suicide by hanging herself. The deceased has left death note in her mobile. The said suicide note contains the details of harassment given by accused Nos.1 to 4. It also contains the averments that accused No.4 being sister was sending text message to accused No.1 to harass his wife / deceased. 7. Considering the above aspect, there is a prima- facie case against the petitioners for the offences alleged - 8 - HC-KAR NC: 2026:KHC:811 CRL.P No. 16125 of 2025 C/W CRL.P No. 16147 of 2025 against them. The death of deceased is within one year of the marriage. Considering the above aspects, the petitioners have not made out any grounds for grant of bail/anticipatory bail. In the result, the petitions are dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 15 Ct.sm