Ameer M Vs State by Challakere Police

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELIEF OF REGULAR BAIL TO THE PETITIONER IN CR.NO.351/2023 REGISTERED BY THE CALLAKERE POLICE FOR THE OFFENCE P/U/S 307,323,498(A),504,506 OF IPC PENDING HONBLE SPL,2ND ADDL.DISTRICT AND SESSION JUDGE AT CHITRADURGA IN S.C.NO.199/2025 FOR THE ALLEGED COMMISSION OF OFFENCE P/U/S 498(A) AND 304(B) OF IPC AND SEC.4 OF D.P ACT AND TO ALLOW THIS BAIL APPLICATION .

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

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NC: 2026:KHC:26575 CRL.P No. 2108 of 2026

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in S.C.No.199/2025 pending before the Court of II Addl. District & Sessions, Chitradurga, arising out of Crime No.351/2023 registered by Challakere Police Station, for the offences punishable under Sections 498A, 304B of IPC and Sections 3 & 4 of Dowry Prohibition Act, is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023, seeking regular bail.

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Heard the learned Counsel for the petitioner and the learned Addl. SPP on behalf of the respondent-State.

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FIR in Crime No.351/2023 was registered by Challakere Police Station, Chitradurga, initially for the offences punishable under Sections 307, 323, 498A, 504, 506 of IPC against the petitioner herein. Subsequently, the injured victim who had suffered burn injuries had died in the hospital on 28.08.2023. Thereafter, the offence punishable under Section 304B of IPC was invoked in the present case. Apprehending arrest in the present case, petitioner had filed anticipatory bail application

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3 - NC: 2026:KHC:26575 CRL.P No. 2108 of 2026

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HC-KAR

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before the jurisdictional Sessions Court which was rejected. Therefore, he had approached this Court in Crl.P.No.6702/2024 which was dismissed as withdrawn vide order dated 29.07.2024 with liberty to the petitioner to surrender before the jurisdictional Court and seek regular bail. Subsequently, petitioner was taken to custody and his bail application filed before the Trial Court in Crl. Misc. No.1421/2025 was rejected on 11.12.2025. It is under these circumstances, petitioner is before this Court.

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The marriage of the petitioner with deceased Salma was performed on 21.12.2017. In the first information as well as in the charge sheet, it is alleged that after marriage, deceased was looked after properly in her matrimonial home for some time, and subsequently, suspecting her character she was being ill-treated. From the wedlock between the petitioner and the deceased, they have two children.

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In the first information as well as in the charge sheet, it is alleged that Salma was being ill-treated in her matrimonial home by her husband who was demanding additional dowry. The allegation against the petitioner is that on 12.08.2023, he

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4 - NC: 2026:KHC:26575 CRL.P No. 2108 of 2026

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HC-KAR

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had poured thinner used for painting work on the body of Salma and thereafter he had lit fire. Salma who had suffered grievous injuries, was admitted to the hospital and subsequently she died while taking treatment on 28.08.2023.

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The first informant who is the father of the deceased is the material charge-sheet witness in the present case. He has been examined as PW-1. The said witness has completely turned hostile to the case of the prosecution and he has been extensively cross-examined by the prosecution. However, nothing incriminating has been elicited from his mouth.

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It is not in dispute that petitioner has no other criminal antecedents. The material on record would go to show that petitioner also had sustained burn injuries in the incident in question. According to the learned Counsel for the petitioner, petitioner when tried to save the deceased, had suffered burn injuries.

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Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of

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5 - NC: 2026:KHC:26575 CRL.P No. 2108 of 2026

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HC-KAR

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regular bail is required to be answered affirmatively. Accordingly, the following order:

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The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.199/2025 pending before the Court of II Addl. District & Sessions, Chitradurga, arising out of Crime No.351/2023 registered by Challakere Police Station, for the offences punishable under Sections 498A, 304B of IPC and Sections 3 & 4 of Dowry Prohibition Act, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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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NC: 2026:KHC:26575 CRL.P No. 2108 of 2026

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HC-KAR

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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KK

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List No.: 1 Sl No.: 26

Ameer M v. State by Challakere Police

Case brief

What is this about?

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Ameer M v. State by Challakere Police

Case brief

What is this about?

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