Sri Anil N L., Vs State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNNS) PRAYING TO RELEASE ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST OF PETITIONER BY THE BIRUR POLICE STATION IN CRIME NO.178/2025 FOR OFFENCES PUNISHABLE UNDER SECTIONS 85, 108, 352, 115(2), 351(2) READ WITH 3(5) OF BNS, 2023

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NC: 2025:KHC:51854 CRL.P No. 16063 of 2025

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HC-KAR

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PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC COURT, TARIKERE, CHIKKAMAGALURU DISTRICT.

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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 482 of Bharatiya Nagrika Suraksha Sanhita, 2023, praying to grant anticipatory bail in Crime No.178/2025 of Birur Police Station, registered for offences under Section 85, 108, 352, 115(2), 351(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023.

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

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Learned counsel for petitioner would contend that, as per averments of the complaint, the alleged incident has taken place on 06.10.2025 wherein it is alleged that, the petitioner assaulted the deceased and

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HC-KAR

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asked her to go and die. There was no any complaint after the said alleged incident either by the deceased or by her parents. The deceased committed suicide on 24.10.2025 and it is after eighteen (18) days of the said incident taken place on 06.10.2025. The alleged act of the petitioner does not amount to abetment to commit suicide. Earlier, the petitioner had filed M.C.No.11/2024 against the deceased and it was closed as compromise in the year 2024. Thereafter, the deceased started residing with the petitioner. During April, 2025, the deceased assaulted the petitioner and went to her parents' house. The petitioner has filed M.C.No.27/2025 against the deceased seeking divorce and it was pending. The deceased, her parents and others have not visited the house of this petitioner on 06.10.2025. The deceased was a quarrelsome lady. The petitioner is ready to co-operate with the Police in the investigation. With these, he prayed to allow the petition.

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Per contra, learned High Court Government

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Pleader for respondent would contend that, the petitioner

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HC-KAR

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is in the habit of demanding dowry and has received Rs.10,00,000/- plus Rs.2,00,000/- from the parents of the deceased. The petitioner was harassing the deceased and assaulting her on 06.10.2025, he asked her to go and die. The deceased committed suicide on 24.10.2025 by hanging. The investigation is in progress. If the petitioner is granted anticipatory bail, he will hamper the investigation and tamper the prosecution witnesses. With these, he prayed for dismissal of the petition.

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Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record.

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The marriage of petitioner with the deceased has taken place twelve (12) years ago and they have a son and a daughter. The petitioner had filed a petition seeking divorce against the deceased in M.C.No.11/2024 and it ended in compromise. Subsequently, the petitioner again filed M.C.No.27/2025 against the deceased on 22.04.2025. At the time of filing the said petition, the

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HC-KAR

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deceased was residing in her parents' house. The allegation against the petitioner in the complaint is that, he demanded and accepted dowry of Rs.10,00,000/- plus Rs.2,00,000/- from the parents of the deceased. It is alleged that on 06.10.2025, the petitioner has assaulted the deceased and asked her to go and die. The deceased is stated to have committed suicide on 24.10.2025 i.e., after eighteen (18) days of the said alleged incident dated 06.10.2025. Whether the acts of the petitioner amounts to abetment to commit suicide is a matter of investigation and trial. The petitioner has undertaken to co-operate with the Investigating Officer in the investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner.

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7. Considering all the above aspects, the petitioner

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has made out a case for grant of anticipatory bail with conditions. In the result, the following;

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HC-KAR

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ORDER

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The Criminal Petition is allowed . The petitioner is granted anticipatory bail in Crime No.178/2025 of Birur Police Station and is ordered to be released on bail in the

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event his arrest, 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 like-sum to the satisfaction of the Investigating Officer.

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