Chandregowda @ Chandru Vs the State of Karnataka

CHANDREGOWDA @ CHANDRU, S/O BOREGOWDA, AGED ABOUT 40 YEARS, R/AT UYYAMABLLIDODDI VILLAGE, UYYABALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562 117.

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…PETITIONER (BY SRI. A.N. RADHA KRISHNA., ADVOCATE) AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, BY KANAKAPURA TOWN POLICE, KANAKAPURA, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001.

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…RESPONDENT

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(BY SRI. CHANNAPPA ERAPPA, HCGP)

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.53/2025 OF KANAKAPURA TOWN POLICE, FOR OFFENCES P/U/S 80, 85 AND 3(5) OF BNS, 2023 NOW PENDING IN S.C.NO.5039/2025, ON THE FILE OF THE LRD. SESSIONS JUDGE, RAMANAGARA.

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NC: 2025:KHC:44032 CRL.P No. 10523 of 2025

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HC-KAR

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THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No.1 under Section

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483 of Bharatiya Nagrika Suraksha Sanhita, 2023 (hereinafter referred to as 'BNS 2023') seeking bail in Crime No.53/2025 of Kanakapura Town Police Station, Ramanagara, for the offence punishable under Sections 80, 85 and 3(5) of BNS, 2023, now pending in S.C.No.5039/2025, on the file of the learned Sessions Judge, Ramanagara.

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Heard learned counsel for the petitioner and the learned High Court Government Pleader for respondent.

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Learned counsel for petitioner would contend that, FIR came to be registered against 5 accused persons including the petitioner, making omnibus allegation against petitioner and other 4 family members of the petitioner. The charge sheet has been filed only against

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3 - NC: 2025:KHC:44032 CRL.P No. 10523 of 2025

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HC-KAR

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the petitioner, leaving out other 4 persons, only on the basis of further statement of the complainant. In the inquest also, there is omnibus allegation against all the 5 accused persons. The offences punishable under sections 3 and 4 of Dowry Prohibition Act, 1961, are not alleged in the FIR and they are included in the charge sheet. Even one Sagar, the elder brother of the deceased has stated that the petitioner and 4 other family members of the petitioner were harassing the deceased and were demanding dowry. As the charge sheet is filed, petitioner is not required for custodial interrogation. With these, he prayed to allow the petition.

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Per contra, learned High Court Government Pleader would contend that, statement of CW2 one Vikas, the cousin brother of the petitioner indicate that this petitioner was harassing the deceased demanding the dowry and that is after the birth of two female twin children. Offences alleged against petitioner is heinous offence, punishable with imprisonment for not less than 7

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NC: 2025:KHC:44032 CRL.P No. 10523 of 2025

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HC-KAR

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years. If the petitioner is granted bail, there are chances of the petitioner tampering with the prosecution witnesses. With these, he prayed for rejection of the petition.

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Having heard the learned counsels appearing

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for the parties, this Court has perused the FIR, charge sheet, complaint and other materials placed on record.

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That the marriage of the petitioner with deceased has taken place on 15.06.2020. After 3 years of

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the marriage, the deceased gave birth to two female babies (twins). There was no any allegation of demand of dowry, prior to the deceased giving birth to two female babies. The complaint was filed by the father of the deceased. The allegations are made against 5 accused persons. The allegation in the said complaint is omnibus allegation, not only it is against the petitioner but also against other 4 persons who are the family members of the petitioner. Even one, Sagar who is the elder brother of the petitioner, in his statement has stated regarding the ill treatment for the demand of dowry by the petitioner

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5 - NC: 2025:KHC:44032 CRL.P No. 10523 of 2025

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HC-KAR

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and other 4 persons of his family. Considering, these aspects, whether the petitioner alone was harassing the deceased is the matter to be decided during the trial. There was no any complaint prior to the death of the deceased against the petitioner. As the charge sheet is filed and the petitioner is not required for custodial interrogation and there are no criminal antecedents of the petitioner.

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Considering all these aspects, the petitioner has made out a case for grant of bail. In the result, I pass the following:

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ORDER

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This Criminal Petition is allowed . The petitioner is granted bail in Crime No.53/2025 of Kanakapura Town Police, Ramanagara for the offence punishable under Sections 80, 85 and 3(5) of BNS, 2023 now pending in S.C.No.5039/2025, on the file of the learned Sessions

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NC: 2025:KHC:44032 CRL.P No. 10523 of 2025

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HC-KAR

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Judge, Ramanagara, and is ordered to be released on bail,

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subject to following conditions:

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i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court.

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ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.

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iii) The petitioners shall appear before the Trial Court on all the dates of hearing unless exempted by the Court and cooperate for the speedy disposal of the case.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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AKV

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List No.: 1 Sl No.: 9

Chandregowda @ Chandru v. the State of Karnataka

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Chandregowda @ Chandru v. the State of Karnataka

Case brief

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