Criminal Petition No. 3056 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:11238 CRL.P No. 3056 of 2025 C/W CRL.P No. 3180 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3056 OF 2025 C/W CRIMINAL PETITION NO. 3180 OF 2025 IN CRL.P No. 3056/2025: BETWEEN: SMT. SWETHA G W/O MURTHY AGED ABOUT 34 YEARS R/AT 9/7 1STCROSS VITTALANGARA, CHAMRAJAPETE BENGALURU CITY. (BY SRI MANJUNATHA B.V, ADV.) AND:
Facts
STATE OF KARNATAKA CHAMRAJPET POLICE STAION BENGALURU - 560 018 REP BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.
Legal Reasoning
Therefore, they are before this Court in these two petitions. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petitions submits that as per the Post Mortem Report, death of the deceased is due to asyphyxia as a result of hanging. Therefore, offence punishable under Section 103 of BNS, 2023 cannot be invoked. There is no specific allegation as against petitioners herein about ill treating the deceased in furtherance of demand for dowry. Petitioners do not have any criminal antecedents and they are ready and willing to cooperate with the police for the purpose of investigation. Accused No.1 is already arrested and accordingly, he prays to allow the petitions. 5. Per contra, learned HCGP has opposed the petitions. He submits that investigation of the case is under progress. Accordingly, he prays to dismiss the petitions. 6. A perusal of the material on record would go to show that marriage of deceased with accused No.1 was performed on 01.11.2023 and at the time of marriage, it is alleged that parents of deceased had given dowry to accused No.1. It is - 5 - NC: 2025:KHC:11238 CRL.P No. 3056 of 2025 C/W CRL.P No. 3180 of 2025 further alleged that in furtherance of demand for additional dowry, accused No.1 was ill treating and harassing deceased. It is also alleged that petitioners were ill treating and torturing her in her matrimonial house. On the evening of 10.01.2025, the husband of the first informant received a phone call asking him to come near the Hospital, since Bhuvana had met with an accident. Immediately thereafter, he went to the Hospital and found that his daughter had died and since suspected the cause of death of his daughter, he had approached the police and based on his first information, FIR was registered against accused Nos.1 to 4. The Post Mortem Report of the deceased would now go to show that death was due to asyphyxia as a result of hanging. Therefore, as rightly contended by learned counsel for the petitioners, offence punishable under Section 103 of BNS, 2023, cannot be invoked in the present case. Insofar as the offence under Section 80(2) of BNS, 2023, is concerned, there is no specific allegation as against petitioners herein about they torturing the deceased in furtherance of demand for bringing additional dowry. Petitioners, who have no other criminal antecedents are the elder sister and parents of accused No.1. Considering the aforesaid aspects of the matter, - 6 - NC: 2025:KHC:11238 CRL.P No. 3056 of 2025 C/W CRL.P No. 3180 of 2025 I am of the opinion that the prayer made by them for grant of anticipatory bail, needs to be answered affirmatively. Accordingly, the following order:- 7. The petitions are allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.4/2025 registered by Chamarajpet Police Station, Bengaluru City, for the offences punishable under Sections 103(1) and 80(2) of BNS, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with - 7 - NC: 2025:KHC:11238 CRL.P No. 3056 of 2025 C/W CRL.P No. 3180 of 2025 the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. SD/- (S VISHWAJITH SHETTY) JUDGE DN
Arguments
(BY SRI K. NAGESHWARAPPA, HCGP) Digitally signed by NANDINI MS Location: High Court of Karnataka …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ORDER AND DIRECT THE RESPONDENT CHAMARAJPET POLICE STATION, BENGALURU TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HER ARREST IN CRIME NO.4/2025 REGISTERED FOR ALLEGED OFFENCE P/US/ 103(1), 80(2) OF BNS 2023 AND SEC.3,4 OF - 2 - NC: 2025:KHC:11238 CRL.P No. 3056 of 2025 C/W CRL.P No. 3180 of 2025 DP ACT PENDING ON THE FILE OF THE 5tH ACMM BENGLAURU PENDING DISPOSAL OF THE ABOVE CASE. IN CRL.P NO. 3180/2025: BETWEEN: 1. SMT NAGAVENI W/O GANGABYLAPPA AGED ABOUT 45 YEARS, RESIDING AT NO.3 1ST MAIN ROAD, 1ST CROSS VALMIKI NAGAR, GOVERNMENT ELECTRIC FACTORY BENGALURU - 560 026. 2. SRI GANGABYLAPPA S/O MALLAIAH AGED ABOUT 63 YEARS RESIDING AT NO.3, 1ST MAIN ROAD, 1ST CROSS VALMIKI NAGAR GOVERNMENT ELECTRIC FACTORY, BENGALURU - 560 026. (BY SRI SAMUEL S DANDIN, ADV.) AND: THE STATE OF KARNATAKA STATION HOUSE OFFICER CHAMRAJPET POLICE STATION BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU. ...PETITIONERS (BY SRI K. NAGESHWARAPPA, HCGP) ...RESPONDENT THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO - 3 - NC: 2025:KHC:11238 CRL.P No. 3056 of 2025 C/W CRL.P No. 3180 of 2025 RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.0004/2025 DATED 10.01.2025 FOR THE ALLEGED OFFENCE P/U/S 103(1), 80(2) OF BNS ACT 2023 AND SEC. 3 AND 4 OF D.P. ACT. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.2, 3 and 4 in Crime No.4/2025 registered by Chamarajpet Police Station, Bengaluru City, for the offences punishable under Sections 103(1) and 80(2) of BNS, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, are before this Court in these two petitions filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.4/2025 was registered by Chamarajpet Police Station, Bengaluru City, for the aforesaid offences against Pawankumar and petitioners herein based on the first information dated 10.01.2025 received from Tulasi, who is the mother of deceased Bhuvana. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.427/2025 before the - 4 - NC: 2025:KHC:11238 CRL.P No. 3056 of 2025 C/W CRL.P No. 3180 of 2025 jurisdictional Sessions Court which was rejected on 19.02.2025.