Disposed¶45

Lokanath M D v. State of Karnataka

Karnataka HC18 Aug 2025CRL.P/5932/2025

Case brief

AI extract

What is this about?

quash arrest; remand order; judicial custody; withdrawal of criminal petition; liberty to file fresh bail application; Crime No.77/2024; S.C. No.205/2024 Hassan; Sections 85, 103, 3(5), 238 Bharatiya Nyaya Sanhita; Sections 3, 4 Dowry Prohibition Act; Article 22(2) Constitution of India; Section 57 Cr.P.C.; bail rejection order 19.06.2025; Karnataka High Court; S.R. Krishna Kumar J.

What did the court decide?

Petition disposed of as withdrawn, with liberty reserved to the petitioner to file a fresh/new bail application before the Trial Court; the Trial Court to consider it in accordance with law after hearing the respondents, uninfluenced by the earlier bail rejection order dated 19.06.2025, and within one week of filing. The original prayer to quash the arrest/remand order and release the petitioner was not adjudicated. ¶45

Lokanath M D Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the arrest dated 01/07/2024 and the remand order dated 02/07/2024 passed in Crime No.77/2024 (S.C. No.205/2024) ought to be quashed and the petitioner released from judicial custody.

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Court's answer

In view of the petitioner's counsel's submission on instructions (that the Magistrate's bail rejection order dated 19.06.2025 did not consider the grounds, including Article 22(2) of the Constitution and Section 57 Cr.P.C.), the Court deemed it just and appropriate to dispose of the petition as withdrawn, reserving liberty to the petitioner to file a fresh/new bail application before the Trial Court urging all available grounds including those urged in this petition.

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Ratio / Principle

The Trial Court shall consider the fresh bail application in accordance with law after providing an opportunity to the respondents, without being influenced by the findings and observations recorded in the earlier bail rejection order dated 19.06.2025, and within a period of one week from the date of filing of such new/fresh bail application.

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Detailed headnote1 paragraphs

Criminal petition under S.482 Cr.P.C. (filed under S.528 BNSS) by the accused in Crime No.77/2024 (S.C. No.205/2024, III Addl. District and Sessions Judge, Hassan), booked under Ss.85, 103, 3(5) and 238 of the Bharatiya Nyaya Sanhita and Ss.3 and 4 of the Dowry Prohibition Act, seeking quashing of his arrest dated 01.07.2024 and remand order dated 02.07.2024 and release from judicial custody. During pendency, his regular bail application before the Magistrate was rejected on 19.06.2025. On counsel's instructions, the petition was disposed of as withdrawn with liberty to file a fresh bail application; the Trial Court was directed to consider it in accordance with law after giving the respondents an opportunity, without being influenced by the findings and observations in the earlier rejection order dated 19.06.2025, and within one week of filing.

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NC: 2025:KHC:31803 CRL.P No. 5932 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF AUGUST 2025 BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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CRIMINAL PETITION NO.5932 OF 2025 [482(Cr.PC)/528(BNSS)]

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BETWEEN:

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LOKANATH M.D S/O. DHARMAPPA M.L., AGED ABOUT 47 YEARS, NEAR GANAPATHI TEMPLE NO.245, MAIN ROAD HOYSALA NAGARA, POLICE COLONY, HASSAN CITY, HASSAN KARNATAKA. (AS PER CHARGE SHEET)

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Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.18 16:39:15 +0530

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LAKANATHA M.D., S/O. DHARMAPPA M.L., AGED ABOUT 47 YEARS, #245 HOYSALA NAGARA MAIN ROAD, POLICE COLONY BEERANAHALLY KERE, HASSAN, HASSAN, ALUR HASSAN, KARNATAKA -573201.

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…PETITIONER

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(BY SRI. UTSAV GOWDA P.S., ADVOCATE)

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AND:

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STATE OF KARNATAKA HASSAN CITY PS, REP BY SPP,

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2 - NC: 2025:KHC:31803 CRL.P No. 5932 of 2025

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HC-KAR

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HIGH COURT COMPLEX, BANGALORE -560001.

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CHIEF SUPRITENDANDENT DISTRICT PRISON, CHIKMAGALUR-577101, (BOTH ARE REP BY SPP HIGH COURT COMPLEX BANGALORE -560001).

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…RESPONDENTS

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(BY SRI. THEJESH P., HCGP FOR RESPONDENT; SRI.M.G.KANTHARAJAPPA, ADVOCATE FOR APPLICANT/COMPLAINANT TO ASSIST THE PROSECUTION)

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ARREST DATED 01.07.2024 AND REMAND ORDER DATED 02.07.2024 PASSED IN CR.NO.77/2024 ON THE FILE NO.S.C.205/2024 PENDING BEFORE HON’BLE III ADDL. DIST. AND SESSION JUDGE AT HASSAN FOR THE OFFENCE PUNISHABLE UNDER SECTION 85, 103, 3(5), 238 OF BHARATIYA NYAYA SANHITA AND SECTION 3, 4 OF DOWRY PROHIBITION ACT SET ASIDE THE ORDER REMANDING THE PETITIONER TO JUDICIAL CUSTODY RELEASE THE PETITIONER FORTHWITH AND SET ASIDE THE ORDER REMANDING THE PETITIONER TO JUDICIAL CUSTODY RELEASE THE PETITIONER FORTHWITH AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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NC: 2025:KHC:31803 CRL.P No. 5932 of 2025

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HC-KAR

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ORAL ORDER

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In this petition, the petitioner seeks following reliefs.

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A. To quash the arrest dated 01/07/2024 and remand order dated 02/07/2024 passed in CR.No.77/2024 on the file No.SC.205/2024 pending before Hon’ble III ADDL. DIST. AND SESSION JUDGE AT HASSAN for the offence punishable under section 85, 103, 3(5), 238 of BHARATIYA NYAYA SANHITA and section 3, 4 of DOWRY PROHIBITION ACT Set aside the order remanding the petitioner to judicial custody release the petitioner forthwith.

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B. Set aside the order remanding the petitioner to judicial custody release the petitioner forthwith.

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C. Pass any such order as this Hon’ble court may be deemed fit in the interest of justice.

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Heard learned counsel for the petitioner and

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learned High Court Government Pleader for respondents and learned counsel for the applicant in I.A.No.2/2025 and perused the material on record.

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Learned counsel for the petitioner on

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instructions submits that during the pendency of the present petition, the regular bail application filed by the

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4 - NC: 2025:KHC:31803 CRL.P No. 5932 of 2025

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HC-KAR

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petitioner before the learned Magistrate was rejected vide order dated 19.06.2025. It is submitted that the various grounds urged in the present petition by the petitioner including the grounds under Article 22(2) of the Constitution of India and Section 57 of Cr.P.C. have not been considered by the learned Magistrate while rejecting the bail application and as such, the present petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to file fresh bail application, which may be considered by the Trial Court by considering all the contentions urged in the present petition and without being influenced by the aforesaid earlier order dated 19.06.2025 passed by the Trial court rejecting the bail application. The said submission is placed on record.

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In view of the aforesaid facts and circumstances and submission made by learned counsel for the petitioner on instructions, I deem it just and appropriate to dispose of this petition as withdrawn reserving liberty in favour of the petitioner to file a fresh/new bail petition/application

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5 - NC: 2025:KHC:31803 CRL.P No. 5932 of 2025

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HC-KAR

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before the Trial Court by urging all available grounds including the grounds urged in the present petition, which shall be considered by the Trial Court in accordance with law, after providing an opportunity to the respondents and without being influenced by the findings and observations recorded in the earlier bail rejection order dated 19.06.2025 and within a period of one week from the date on which the petitioner files such a new/fresh bail application.

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Subject to aforesaid directions and reserving liberty in

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favour of the petitioner, petition stands disposed off.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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EM Ct:vh

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List No.: 19 Sl No.: 1

Lokanath M D v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Lokanath M D v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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