Mohammad Arshid @ M D Arshid, Vs State of Karnataka

THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE THE ABOVE NAMED PETITIONER ON BAIL IN CRIME NO.183/2024 OF THE RESPONDENT WOMEN P.S., TUMAKURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 54, 85, 108, 115(2), 351(2), 3(5) OF BHARATIYA NYAYA SANHITA AND SECTION 4 OF DOWRY PROHIBITION ACT, WHICH IS PENDING BEFORE THE HON’BLE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, TUMAKURU.

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

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NC: 2025:KHC:988 CRL.P No. 13674 of 2024

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record.

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This petition under Section 483 of BNSS, 2023 is preferred to enlarge the petitioner on bail in Crime No.183/2024 of Tumakuru Women Police Station registered for offences punishable under Section 85, 54, 108, 115(2), 351(2), 3(5) of BNS, 2023 and Section 4 of the Dowry Prohibition Act, 1961.

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Brief facts:- deceased Noor sabha is the wife of

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petitioner. Her marriage took place about 8 years prior to the date of incident. In the wedlock couple have three children. Petitioner and his parents were harassing the deceased telling her that she has not brought dowry and therefore, she has to give them money. In this

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NC: 2025:KHC:988 CRL.P No. 13674 of 2024

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connection, the complainant namely father of the deceased advised them not to harass his daughter.

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Petitioner had taken loan from various persons. As he was unable to repay the said loan, the persons who had lent loan were coming near his house asking him to return the loan availed by him. Therefore, he told the deceased to go to her parental home along with their children and not to come back till he has cleared all the loan and also abetted her to commit suicide. Hence, unable to bear the torture, deceased committed suicide by hanging to the ceiling fan using her saree on 29.10.2024 between 3.30 – 9.00 a.m.

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In the complaint lodged by the father of deceased, it is alleged that the deceased had provided loan of Rs.50 lakhs to the petitioner and petitioner was having illicit relationship with other women etc. However, no materials are collected to substantiate the said allegations. The allegation against the petitioner is that,

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he had availed loan from various persons and since those persons were coming to his house, he told the deceased to go to her parental home along with their children and not to return to the house until the loan was cleared. Further allegations are that he was having illicit relationship with some other woman.

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Learned High Court Government Pleader has contended that the petitioner has abetted the deceased to commit suicide by telling her to go and die. However, at this stage, there are no materials placed on record to substantiate the said allegation. The ingredients of the offences alleged against the petitioner have to be established in due course during trial. In the charge sheet there is no allegation that the petitioner has any illicit relationship. Complaint is lodged against petitioner and his parents, arraigned as accused Nos.2 and 3. The said accused are already enlarged on bail. Petitioner is in judicial custody since 30.10.2024. Investigation is completed and charge sheet is filed.

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5 - NC: 2025:KHC:988 CRL.P No. 13674 of 2024

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In the above facts and circumstances, relief

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sought by the petitioner can be granted by imposing conditions. Accordingly, the following:

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ORDER

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Petition is allowed.

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Petitioner/accused No.1 in Crime No.183/2024 of Women Police Station, Tumkuru pending in C.C.No.342/2024 on the file of the Court of II Additional Senior Civil Judge and JMFC Court, Tumkuru, shall be enlarged on bail, subject to following conditions:

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

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