Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8096 OF 2025 BETWEEN: PRABHU M S/O MANJUNATH AGED ABOUT 28 YEARS RESIDING AT NO.57, AMBEDKAR NAGAR YESHWANTHAPURA BENGALURU - 560 022. …PETITIONER (BY SRI JAGADEESHMURTHY K.M, ADV.) AND:
STATE OF KARNATAKA BY Digitally signed SHO, YESHWANTHAPURA P.S by NANDINI M S BENGALURU - 560 022, REPTD. Location: HIGH COURT OF BY SPP, HIGH COURT BUILDING KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT REGULAR BAIL IN CR.NO.041/2025 FOR ALLEGED OFFENCES U/S 108 OF BNS, REGISTERED BY THE RESPONDENT POLICE/YESHWANTHNAPURA PS, BENGALURU NOW PENDING ON THE FILE OF HONBLE 8TH ACJM COURT, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
-2- CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused in Crime No.41/2025 registered by punishable under Section 108 of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.41/2025 was registered by
Yeshwanthapura Police Station, Benglauru, for the aforesaid offence against petitioner herein based on the first information dated 09.02.2025 submitted by Prabhu N S/o late Narayanaswamy, who is the father of deceased Smt. Ascharya. During the course of investigation of the case, petitioner was arrested on 10.05.2025 and subsequently, remanded to judicial custody. Bail application filed by him before the jurisdictional Sessions Court in Crl.Misc.No.4056/2025 was rejected on 23.05.2025. Therefore, he is before this Court.
4. Perusal of the material on record would go to show that
marriage of the petitioner with deceased was a love marriage -3- and the same was against the wishes of the parents of the deceased. From the wedlock, a girl child is born, who is now aged about 4 years. Petitioner has no other criminal antecedents. Investigation in the case is completed and charge sheet has been filed. The alleged offence is not exclusively punishable with death or life imprisonment. The allegation against petitioner in the first information as well as in the charge sheet is that on the alleged date of incident, he had abused his wife using filthy language touching her chastity and therefore, she had committed suicide. The allegation made against the petitioner is required to be proved in a full fledged trial. Petitioner is required to take care of his minor daughter aged about 4 years. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:-
5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.41/2025 registered by -4- punishable under Section 108 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future;
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. SD/- (S VISHWAJITH SHETTY) JUDGE DN