Citation : 2026 Latest Caselaw 965 Kant
Judgement Date : 6 February, 2026
-1-
NC: 2026:KHC:7101
CRL.P No. 16470 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 16470 OF 2025
(439(Cr.PC) / 483(BNSS))
BETWEEN:
1. SRI. IMRAN
S/O NAZEER AHMED,
AGED ABOUT 35 YEARS,
WELDER,
R/O KATTEGADDE MASJID,
KOODUVALLI POST,
VASTHARA HOBLI,
CHIKKAMAGALURU 577 101.
...PETITIONER
(BY SRI. K S GANESHA.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
Digitally signed by BY ALDUR POLICE,
LAKSHMINARAYANA
MURTHY RAJASHRI CHICKAMAGALURU DISTRICT.
Location: HIGH REPRESENTED BY SPP,
COURT OF
KARNATAKA HIGH COURT OF KARNATAKA,
BENGALURU.560001.
2. SRI.SYED JAVEED,
S/O LATE SYED YUSUF,
AGED ABOUT 56 YEARS,
BUSINESS, R/O BANTENAHALLI
VILLAGE, BELUR HOBLI,
HASSAN DISTRICT 577 101.
...RESPONDENTS
(BY Smt.WAHEEDA M M, HCGP)
-2-
NC: 2026:KHC:7101
CRL.P No. 16470 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND
ENLARGE HIM ON BAIL IN CR.NO.495/2025 OF ALDUR POLICE
CHIKKAMAGALURU DISTRICT PENDING ON THE FILE OF THE
PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST
CLASS CHIKKAMAGALURU FOR THE OFFENCE PUNISHABLE
UNDER SECTIONS 85, 80, 108 READ WITH 3(5) OF BNS 2023
AND SECTIONS 3 AND 4 OF D.P ACT.
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.84/2025 of Aldur Police Station
registered for offences punishable under Sections 85, 80,
108 read with Section 3(5) of Bharatiya Nyaya Sanhita
and Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. Heard the learned counsel for petitioner and
learned High Court Government Pleader for respondent
No.1/State.
NC: 2026:KHC:7101
HC-KAR
3. The respondent No.2 though served with notice
remained absent and unrepresented.
4. The learned counsel for petitioner would
contend that an earlier complaint was filed contending that
the murder of the deceased has taken place. It was
subsequently found that the deceased had committed
suicide. The said fact of filing a complaint for murder
indicates the intention of the complainant and family
members to take revenge against the petitioner. The
deceased was insisting to have a separate rented house.
The said request was not complied with by the petitioner.
The deceased was also insisting that he wanted to go out
of the house for work and the family members were not
allowed him to go out of the house for work. The other
allegation is that the financial assistance has been taken
by the accused for purchase of the site. The said aspect
does not amount to demand of dowry. Except the family
members, there are no other persons who have stated
regarding the harassment by the accused to the deceased.
NC: 2026:KHC:7101
HC-KAR
The deceased was sensitive. As her requests were not
considered, she might have committed suicide. As the
charge sheet is filed, petitioner is not required for custodial
interrogation. There are no criminal antecedents of the
petitioner. With this, he prayed to allow the petition.
5. Per contra, the learned High Court Government
Pleader for respondent No.1/State would contend that the
statements of CWs.1, 9 and 10 have been recorded under
Section 183 of BNSS, wherein they have specifically stated
the harassments given by the petitioner to his
wife/deceased Simran. Similarly, the charge sheet
materials show a prima case against the petitioner for
offence alleged against him. The death has taken place
within seven years of marriage. With this, she prayed to
reject the petition.
6. Having heard the learned counsel, the Court
has perused the charge sheet and other materials placed
on record.
NC: 2026:KHC:7101
HC-KAR
7. The column-17 of the charge sheet indicates
that the deceased was insisting the petitioner/accused
No.1 to have a separate rented house, and as it was not
done, she was upset and went to her parents' house. After
deceased was brought back, she was insisting to go for
work and her husband not allowed her for the same and
he told her to go and die. The deceased committed suicide
and did not leave behind any suicide note. Whether the
suicide was abetted by the petitioner is a matter to be
decided at trial. As the charge sheet is filed, the petitioner
is not required for custodial interrogation. The offence
alleged against the petitioner is not either with death or
imprisonment for life. There are no criminal antecedents of
the petitioner.
8. Considering the above aspects, the petitioner
has made out a case for grant of bail with conditions.
In the result, the following:
NC: 2026:KHC:7101
HC-KAR
ORDER
i) The petition is allowed.
ii) The petitioner is granted bail in Crime
No.84/2025 of Aldur Police Station registered for offences
punishable under Sections 85, 80, 108 read with Section
3(5) of Bharatiya Nyay Sanhita and Sections 3 and 4 of
Dowry Prohibition Act, 1961 subject to following
conditions.
a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of 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 of hearing unless exempted and cooperate for speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE bkm List No.: 1 Sl No.: 24
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