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2026 DIGILAW 177 (KAR)

Sudhakara K E, S/O. K. C. Eshwar Gowda v. State Of Karnataka By N. R. Pura Police Station

2026-01-14

SHIVASHANKAR AMARANNAVAR

body2026
ORDER : SHIVASHANKAR AMARANNAVAR, J. Criminal Petition No.17349/2025 is filed by accused No.2 under Section 483 of BNSS seeking to grant bail and Criminal Petition No.17351/2025 is filed by accused Nos.3 and 4 under Section 482 of BNSS seeking anticipatory bail. Both petitions are filed in respect of Crime No.88/2025 of N.R Pura Police Station registered for offences punishable under Sections 80(2), 103(1), 85, 352, 351(2), 351(3), 3(5) of BNS and Sections 3 and 4 of Dowry Prohibition Act, 1961. 2. Heard learned counsel for petitioners and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for petitioners would contend that there was love and affection by accused No.2 towards his daughter-in-law and therefore, he had earlier transferred Rs.12,000/- on 29.03.2025 and Rs.36,000/- on 19.05.2025 and therefore, there is no question of any demand of dowry by him. Accused No.2 has admitted the deceased to hospital and paid the hospital bill to the extent of Rs.2,18,600/-. Accused No.2 is retired employee, aged 63 years. Accused No.3 is the mother-in-law of the deceased and she is aged 60 years and she had underwent heart surgery (bypass) on 26.04.2005. The inquest mahazar indicate that the deceased has sustained seven simple injuries and they are aberrations. Accused No.4 who is sister-in-law of the deceased and daughter of accused Nos.2 and 3 is married and she is residing in the house of her husband at Bidaragudu Village of Thirthahalli Taluk and accused Nos.1 to 3 and deceased were residing in Mavinakere village of N.R.Pura Taluk. There is no allegation against accused No.4 present on the days of incident i.e., 27.10.2025 and 28.10.2025. The major portion of investigation is over. On these grounds, he prayed to allow petitions. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the investigation is in progress. The offence alleged against petitioners is murder of the deceased. The post mortem report indicates that the deceased has sustained 30 injuries. The investigation is in progress. The cause of death is yet to be ascertained. The marriage of the deceased with accused No.1 was performed during June 2023 and the death of the deceased is within 07 years of her marriage. The allegation against petitioners is demand of dowry. If petitioners are granted bail/anticipatory bail, there are chances of they hampering the investigation and tampering the prosecution witnesses. The marriage of the deceased with accused No.1 was performed during June 2023 and the death of the deceased is within 07 years of her marriage. The allegation against petitioners is demand of dowry. If petitioners are granted bail/anticipatory bail, there are chances of they hampering the investigation and tampering the prosecution witnesses. With this, he prayed to reject the petition. 5. Having heard learned counsels, the Court has perused the FIR, complaint and other materials placed on record. 6. The marriage of deceased –Pooja with accused No.1 -Sharath has taken place during June 2023. They had son aged 02 years. The deceased was residing with accused Nos.1 to 3 in their house at Mavinakere Village in N.R.Pura Taluk. As per averments of the complaint, the allegation against accused persons is that they used to harass the deceased mentally and physically, demanding dowry. As per averments of the complaint on 27.10.2025 at about 09.00 p.m., accused Nos.1 to 3 have assaulted the deceased. On the next day, that is Tuesday morning, again accused Nos.1 to 3 assaulted her on her face and as the deceased screamed, neighbours came and the accused persons sent them back as nothing had happened and on the same day at about 06.30 a.m., accused persons forcibly made the deceased to consume pesticides. When she started screaming they took her to hospital at N.R.Pura and thereafter, took her to Shivamogga for further treatment. The deceased died on 30.10.2025. As per averments of the complainant, the brother of the deceased met the deceased in the hospital before whom the deceased has narrated the incident. As per averments of the complaint there is allegation against accused Nos.1 to 3 assaulting the deceased physically and forcibly making her to consume pesticide. The investigation is in progress. As per post mortem report, the injured has sustained 30 injuries. The offences alleged against the accused are dowry death and murder. Considering the above aspects, accused Nos.1 to 3 are not entitled for grant of bail/anticipatory bail, as the investigation is in progress. 7. There is no allegation against accused No.4 for being present on 27.10.2025 and 28.10.2025, the days of incident when accused Nos.1 to 3 assaulted the deceased and made her to forciably consume the pesticide. Accused No.4 is married and she is residing in her husband's house at Bidragudu Village. 7. There is no allegation against accused No.4 for being present on 27.10.2025 and 28.10.2025, the days of incident when accused Nos.1 to 3 assaulted the deceased and made her to forciably consume the pesticide. Accused No.4 is married and she is residing in her husband's house at Bidragudu Village. The allegation against her as per averments of the complaint that whenever she used to come to the house of her parents i.e., accused Nos.1 to 3 she used to harass the deceased. She used to abuse and assault the deceased and giving her mental torture. Considering the said aspects, accused No.4 is entitled for grant of anticipatory bail with conditions. 8. In view of the above, the following ORDER i) Criminal Petition No.17349/2025 filed by accused No.2 under Section 483 of BNSS is dismissed. ii) Criminal Petition No.17351/2025 in so far as petitioner No.1 -accused No.3 seeking anticipatory bail is dismissed and so far as petitioner No.2 – accused No.4 is allowed. iii) Petitioner No.2 -accused No.4 is ordered to be released on bail in the event of her arrest in Crime No.88/2025 of N.R. Pura Police subject to following conditions: a) Petitioner No.2 -accused No.4 shall voluntarily appear before the Investigating Officer within 15 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Investigating Officer b) Petitioner No.2 -accused No.4 shall co-operate with the Investigating Officer in the investigation and appear before the Investigating Officer whenever called for. c) Petitioner No.2 -accused No.4 shall not directly or indirectly make an inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such a facts to the court or police officer or tamper with the evidence.