N Mani Vs the State of Karnataka

THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN SC.NO.5041/2025 ARISING OUT OF CR.NO.13/2025 REGISTERED BY HAROHALLI P.S., FOR THE OFFENCES P/U/S 80, 80(2), 3(5) OF BNS, 2023.

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NC: 2025:KHC:47204 CRL.P No. 12990 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 S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.1 in S.C.No.5041/2025 pending before

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the Court of II Additional District and Sessions Judge, Kanakapura, arising out of Crime No.13/2025 registered by Harohalli Police Station, Ramanagara for offences punishable under Section 85, 80 and 3(5) of BNS 2023, is before this Court in this successive bail application filed under Section 483 of BNSS, 2023 seeking regular bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.13/2025 was registered by

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Harohalli Police Station, Ramanagara, initially for offences punishable under Sections 80(2), 3(5) of BNS 2023, against the petitioner herein and others, based on the first information dated 13.01.2025, received from Sri.Nagaraju, father of deceased Smt.Mamatha.

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3 - NC: 2025:KHC:47204 CRL.P No. 12990 of 2025

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HC-KAR

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During the course of investigation, petitioner

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herein was arrested on 14.01.2025 and subsequently remanded to judicial custody. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.2109/2025 which was dismissed as not pressed as against him on 18.03.2025 with liberty to file a fresh bail petition before the Trial Court after the charge sheet is filed. Subsequently, the police after investigation have filed a charge sheet against 3 persons for the aforesaid offences and petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the trial Court thereafter in Crl.Misc.No.5130/2025 was rejected on 03.05.2025. Therefore, he is before this Court.

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Perusal of the material on record would go to show that marriage of deceased Smt.Mamatha, who is the daughter of the first informant was solemnized with the petitioner on 05.05.2024. As per the allegations found in the first information as well as in the charge sheet, at the

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NC: 2025:KHC:47204 CRL.P No. 12990 of 2025

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HC-KAR

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time of marriage, as per the demand made by the petitioner and his family members, the first informant had given watch, clothes, gold ornaments and other valuable articles to the accused.

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In the first information as well as in the charge sheet, it is alleged that initially Smt.Mamatha was looked after properly in her matrimonial house. But subsequently there was a demand made by the accused to bring additional dowry. It is further alleged that petitioner had demanded a sum of Rs.30,000/- from the father of the deceased and in turn the father of the deceased had paid a sum of Rs.10,000/- to the petitioner about a month prior to the alleged date of incident. On 12.01.2025 between 11 p.m. to 12 p.m. deceased had jumped to a well in the property belonging to CW-8 and CW-9 and had committed suicide. It is under these circumstances, FIR was registered against the petitioner and his parents.

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HC-KAR

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It is relevant to note here that though Section

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80(2) of BNS 2023 has been invoked in the present case, the prosecution has not invoked the offences punishable under Sections 3 and 4 of the Dowry Prohibition Act against the accused. Petitioner, who has no other criminal antecedent, is in custody for the last more than eleven months. Investigation of the case is completed. The alleged offences are not exclusively punishable with the death or life imprisonment. Undisputedly, death is as a result of suicide by the deceased who had jumped into the well on the night of 12.01.2025. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-

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ORDER

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The petition is allowed .

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The petitioner is directed to be enlarged on bail in S.C.No.5041/2025 pending before the Court of II

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HC-KAR

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Additional District and Sessions Judge, Kanakapura, arising out of Crime No.13/2025 registered by Harohalli Police Station, Ramanagara for offences punishable under Section 85, 80 and 35 of BNS 2023, subject to the following conditions:

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a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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e) The petitioner shall not leave the jurisdiction of the Trial Court without

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