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2026 DAILYLAW 535 (KAR)

SRI HARISH v. THE STATE OF KARNATAKA

CRL.P/16538/2025 · 2026-02-20

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10493 CRL.P No. 16538 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16538 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI HARISH S/O VENKATAPPA, AGED ABOUT 45 YEARS, RESIDING BESIDE D.C. OFFICE, PATTRENAHALLI VILLAGE, CHIKKABALLAPURA TALUK AND DISTRICT - 562101. …PETITIONER (BY SRI. VIJAY K V.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY WOMEN POLICE STATION, TUMAKURU REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, BANGALORE-560001. …RESPONDENT (BY Smt.WAHEEDA M M, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10493 CRL.P No. 16538 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.0222/2025 OF TUMAKURUR WOMEN P.S. REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 80, 85, 352 R/W 3(5) OF BNS 2023 AND SECTION 4 OF DOWRY PROHIBITION ACT, 1961, PENDING THE II ADDL. SENIOR CIVIL JUDGE AND JMFC COURT, TUMKUR DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.1 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.222/2025 of Tumakuru Women Police Station registered for the offences punishable under Sections 80, 85, 352, read with Section 3(5) of Bharatiya Nyay Sanhita, 2023 and Section 4 of Dowry Prohibition Act, 1961. 2. Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent/State. - 3 - HC-KAR NC: 2026:KHC:10493 CRL.P No. 16538 of 2025 3. The learned counsel for petitioner would contend that the incident has taken place on 03.11.2025 at 08.30 a.m. and the FIR has been filed on 04.11.2025 at 06.30 p.m. and there is a delay in filing the complaint. In the complaint, it is mentioned that the complainant after discussing with the family members has filed the complaint. The complaint itself indicates that the complaint has been filed to falsely implicate the petitioner. There is no any harassment for dowry by this petitioner to the deceased. The deceased was suffering from psoriasis. The deceased went to her parents' house twenty days prior to she committing suicide. During those twenty days, there was no any harassment by this petitioner, and therefore, suicide cannot be attributed to the petitioner's demand for dowry etc. The deceased had quarrelled with her sister and, as she was suffering from psoriasis, she is stated to have committed suicide. As the charge sheet is filed, the petitioner is not required for further interrogation. There - 4 - HC-KAR NC: 2026:KHC:10493 CRL.P No. 16538 of 2025 are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for respondent/State would contend that even though the deceased was suffering from psoriasis, she was not taken to hospital for treatment, and her child was kept away from her, as she was suffering from psoriasis. The deceased died in the parents' house, where she came twenty days prior to the incident. The petitioner is her husband and due to his ill-treatment, the deceased has committed suicide. The charge sheet materials show a prima facie case against the petitioner for the offences alleged against him. With this, she prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. - 5 - HC-KAR NC: 2026:KHC:10493 CRL.P No. 16538 of 2025 6. The marriage of the petitioner with the deceased was solemnized on 22.11.2021. Out of the wedlock between the petitioner and the deceased, they have a male child, who is presently aged about two years. It is alleged that the petitioner and the deceased were residing in a rented house, where the petitioner used to harass her mentally and physically. The petitioner alleged to have not taken the deceased to the hospital for treatment to her psoriasis, and her son has been kept away from her as she is suffering from psoriasis. Due to this, the deceased went to her parents' house twenty days prior to the incident, where she committed suicide by hanging herself. 7. The incident has taken place on 03.11.2025 at 08.30 a.m. FIR has been filed on 04.11.2025 at 06.30 p.m. In the complaint, it is mentioned that the complainant after discussing with the well-wishers has filed the complaint belatedly. - 6 - HC-KAR NC: 2026:KHC:10493 CRL.P No. 16538 of 2025 8. The deceased was suffering from psoriasis and she went to her parents' house twenty days prior to the incident. There is no proximity of time between the alleged harassment by the petitioner, and the suicide by the deceased. The petitioner is in judicial custody since 05.11.2025, and as the charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. The offence alleged against the petitioner is not punishable exclusively with death. 9. Considering the above aspects, the petitioner has made a case for rent of bail under these conditions. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.222/2025 of Tumakuru Women Police Station registered for the offences punishable under Sections 80, - 7 - HC-KAR NC: 2026:KHC:10493 CRL.P No. 16538 of 2025 85, 352, read with Section 3(5) of Bharatiya Nyay Sanhita, 2023 and Section 4 of Dowry Prohibition Act, 1961 subject to following conditions: a) The petitioner shall execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court. b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner shall attend the Trial Court on all dates hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 35