Citation : 2026 Latest Caselaw 1292 Kant
Judgement Date : 16 February, 2026
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NC: 2026:KHC:9424
CRL.P No. 1648 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 1648 OF 2026 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. GURURAJ H
S/O HANUMANTHAPPA
AGED ABOUT 35 YEARS
ASSISTANT EXECUTIVE ENGINEER
R/O KPTCL,
BHADRAVATHI - 577 301.
(NOW IN JUDICIAL CUSTODY)
(AS PER CRIMINAL MISC)
RESIDENT OF DINDADAHALLI VILLAGE
SHIKARIPURA TQ, SHIVAMOGGA
KARNATAKA - 577 427.
(AS PER FIR)
...PETITIONER
Digitally signed by (BY SRI SADAPPA V NAIKAR, ADVOCATE)
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH AND:
COURT OF
KARNATAKA
1. STATE BY HOLEHONNUR PS
BHADRAVATHI SUB DIVISION
SHIVAMOGGA - 577 301.
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
Dr. BR AMBEDKAR VEEDHI
BENGALURU - 560 001.
...RESPONDENT
(BY SMT. WAHEEDA M M, HCGP)
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NC: 2026:KHC:9424
CRL.P No. 1648 of 2026
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C
(UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE
PETITIONER ON REGULAR BAIL IN CR.No.336/2025
REGISTERED BY THE RESPONDENT IN HOLEHONNUR P.S., FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS
190,351(2),80(2),85 OF BNS, 2023, UNDER SECTION 3 AND 4
OF D.P ACT, 1961.
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 BNSS praying to grant bail in Cr.No.336/2025 of
Holehonnur Police Station registered for the offence
punishable under Sections 190, 351(2), 85 and 80(2) of
BNS and under Sections 3 and 4 of D.P.Act.
2. Heard learned counsel for the petitioner and
learned HCGP for respondent/State.
3. Learned counsel for the petitioner would contend
that the marriage of the deceased with petitioner/accused
No.1 has taken place on 14.04.2025. The deceased stayed
in the house of her husband till she left the house during
September 2025 i.e. 2½ months prior to the incident. He
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HC-KAR
further contended that thereafter the deceased has
resided in the house of her parents. Even though there is
allegation of harassment and dowry demand by the
petitioner and other accused, that may be 2 ½ months
prior to the deceased committing suicide. There is no
proximity of the harassment/ill-treatment by the petitioner
and other accused demanding dowry and the deceased
committing suicide. The alleged harassment/cruelty is said
to have been meted out by the petitioner and others not
soon before the death of the deceased. The petitioner has
been arrested on 27.12.2025 and he has been taken to
police custody for 6 days. Thereafter at the time of
remand, in the remand application it is mentioned that
petitioner is not required for further investigation. The
major portion of the investigation is over and therefore,
the petitioner is not required for further custodial
interrogation. With this he prayed to allow the petition.
4. Per contra, learned HCGP for respondent/State
would contend that the deceased has left the death note
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which she has typed in her mobile WhatsApp. On perusal
of the death note, there is a serious allegation against
petitioner and other accused harassing the deceased. The
deceased due to the harassment given by the petitioner
and other accused has committed suicide by jumping into
a river. The matter is under investigation. The petitioner
has committed heinous offence. With this, she prayed for
dismissal of the petition.
5. Having heard the learned counsels, the Court has
perused FIR, complaint and other materials placed on
record.
6. The marriage of deceased with the petitioner had
taken place on 14.04.2025. After the marriage, the
deceased started residing with the petitioner in his house.
The allegation in the complaint is that even though
petitioner and his family members have promised to make
a house in BRP, they did not make that house. The
averments in the complaint itself indicate that 2½ months
prior to the complaint, the deceased came to her parents'
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HC-KAR
house and resided there. The allegation against petitioner
is that deceased used to make call to him, but he did not
receive the said phone call. The averments of the
complaint does not contain any allegation of the deceased
residing thereafter in the house of her husband. The
alleged harassment demanding dowry is 2 ½ months prior
to the date of complaint. The deceased has committed
suicide on 24.11.2025. On perusal of the death note, there
is no any allegation of demand of dowry by the accused
persons. Accused Nos.2 to 6 have been granted
anticipatory bail by this Court in Crl.P.No.17171/2025 by
order dated 19.01.2026, The petitioner came to be
arrested on 27.12.2025 and he has been taken to police
custody for 6 days. The petitioner has been remanded to
judicial custody on 05.01.2026. In the remand application,
it is mentioned that the petitioner is no further required for
further investigation. There are no criminal antecedents of
the petitioner.
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HC-KAR
7. Considering all the above aspects, the petitioner
has made out case for grant of bail with conditions. In the
result, the following:
ORDER
Petition is allowed. Petitioner is granted bail in Crime
No.336/2025 of Holehonnur Police Station, subject to
following conditions:
(i) Petitioner shall execute bail bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of jurisdictional Court.
(ii) Petitioner shall not tamper the prosecution witnesses either directly or indirectly.
(iii) Petitioner shall co-operate with the IO in further investigation if any.
(iv) Petitioner shall attend the trial Court on all dates of hearing unless exempted and co-
operate for speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 2 Sl No.: 15 Ct.sm
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