SHRI KALLAPPA S/O. MALLAPPA PUJAR vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:18631
CRL.P No. 102644 of 2026
CNR: KAHC020182122026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 13 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102644 OF 2026
(438(CR.PC)/482(BNSS)
BETWEEN:
SHRI KALLAPPA S/O. MALLAPPA PUJAR
AGE: 28 YEARS, OCC: STUDENT,
R/O. HEDIGOND VILLAGE, BYADAGI,
TQ: BYADAGI - 581110, DIST: HAVERI.
… PETITIONER
(BY SRI. PRUTHVI K.S., ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH KAGINELE PS, HAVERI,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH - 580 011.
… RESPONDENT
(BY SRI. DAYANAND SANGRESHI. HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF BNSS,
2023, PRAYING TO RELEASE THE PETITIONER/ACCUSED NO.2 ON
ANTICIPATORY BAIL IN KAGINELE PS CRIME NO. 68/2026 FOR THE
OFFENCES PUNISHABLE U/SEC. 80, 85 OF BHARATIYA NYAYA
SANHITA, 2023 AND SECTION 3 AND 4 OF DOWRY PROHIBITION
ACT 1961, PENDING ON THE FILE OF ADDL. CIVIL JUDGE (SR.DN)
CJM COURT, BYADAGI ON SUCH TERMS AND CONDITIONS AS
DEEMED FIT.
THIS PETITION, COMING ON FOR FURTHER ARGUMENTS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: High Court
of Karnataka, Dharwad
Bench, Dharwad
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NC: 2026:KHC-D:18631
CRL.P No. 102644 of 2026
CNR: KAHC020182122026
ORAL ORDER
Heard learned counsel for the petitioner and the learned
High Court Government Pleader for respondent – State.
2. The petitioner/accused No.2 has filed this petition
under Section 438 of Cr.P.C., [482 of Bharatiya Nagarik
Suraksha Sanhita, 2023] seeking to grant anticipatory bail in
Crime No.68/2026 by the respondent/Kaginele Police station,
Byadagi Circle, District Haveri, registered for the offences
punishable under Sections 80, 85 of the Bharatiya Nyaya
Sanhita, 2023 (for short ‘BNS, 2023’) and Sections 3 and 4 of
the Dowry Prohibition Act, 1961, pending on the file of learned
Additional Senior Civil Judge and CJM, Byadagi.
3. The brief facts of the prosecution case in nutshell is
as under:
The marriage of accused No.1 with the deceased was
de
solemnized on 01.05.2026. At the time of marriage, the
facto
complainant had given 1.5 tola gold chain, ¾ tola gold
ring and 2 tola gold necklace to the deceased. After the
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NC: 2026:KHC-D:18631
CRL.P No. 102644 of 2026
CNR: KAHC020182122026
marriage, their relationship was cordial for a couple of months
and thereafter, both accused Nos.1 and 2 harassed the
deceased to bring more dowry from her parental house. More
particularly, they demanded her to bring a Mangalya chain.
Hence, on 21.08.2026, at about 11:45 a.m., the deceased
consumed poison and informed the said aspect to her mother.
Hence, she was shifted to the hospital at Haveri and thereafter
to KIMS Hospital, Hubballi and for further treatment, she was
shifted to the hospital at Manipal, where she died on
de facto
27.08.2026 at 09:17 a.m. Thus, on 27.08.2026, the
complainant, who is the mother of the deceased, lodged the
complaint, which led to the registration of FIR and
investigation.
4. Apprehending arrest at the hands of the
respondent-police, the petitioner/accused No.2, has filed this
petition seeking grant of anticipatory bail.
5. Learned counsel for the petitioner vehemently
contended that the petitioner is none other than the brother of
accused No.1 and he is a law student residing separately. Thus,
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NC: 2026:KHC-D:18631
CRL.P No. 102644 of 2026
CNR: KAHC020182122026
he is in no way concerned with the family of accused No.1 and
the deceased. It is contended that except allegation of demand
of dowry, there is no other allegation against the petitioner and
there are no criminal antecedents against the petitioner and he
is ready to abide by the conditions to be imposed by this Court.
Hence, learned counsel for the petitioner prayed to allow the
petition.
Per contra
6. , learned HCGP for the respondent-State
contended that the marriage of the deceased with accused No.1
had taken place on 01.05.2026 and within three months of the
marriage, the petitioner and accused No.1 demanded her to
bring a Mangalya chain from her parental house thereby, they
harassed her. Thus, she consumed poison and died on
27.08.2026 and the petitioner is required for investigation.
Hence, learned HCGP prayed for rejection of the petition.
7. Having heard the learned counsel for the parties
and on perusal of the FIR, complaint and other materials placed
on record, it is demonstrated that, in the complaint, the
allegation made against the present petitioner is that he was
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CRL.P No. 102644 of 2026
CNR: KAHC020182122026
demanding dowry and harassing the deceased to bring a
Mangalya chain from her parental house.
8. Admittedly, the deceased was residing with her
husband and in-laws. The fact that petitioner/accused No.2 was
studying law course at the Law College, Ranebennur and was
residing in the hostel. The incident occurred at Hediggonda
village of Ranebennur Taluk, District Haveri, whereas the
petitioner was residing in the hostel at Ranebennur. There is no
serious allegation against the petitioner except the allegation of
demand of dowry. The major portion of the investigation is
already over. The petitioner has undertaken to cooperate with
the Investigating Officer in the investigation and there are no
criminal antecedents against the petitioner. The offences
alleged are not punishable with death or imprisonment for life.
9. Having regard to the facts and circumstances of the
case, looking into the nature of allegation made against the
petitioner, the gravity of offence, severity of punishment,
chances of petitioner absconding or fleeing away from justice if
released on anticipatory bail, character and antecedents of the
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CNR: KAHC020182122026
petitioner, and the possibility of tampering with the prosecution
witnesses, the petitioner is entitled to the grant of anticipatory
bail by imposing certain conditions. Accordingly, the Court
proceeds to pass the fo llowing;
ORDER
The petition filed under Section 482 of Bharatiya Nagarik
allowed
Suraksha Sanhita, 2023, is .
The petitioner/accused No.2 is ordered to be enlarged on
anticipatory bail, in the event of his arrest by the respondent-
Kaginele police in Crime No.68/2026 on executing personal
bond for a sum of Rs.2,00,000/- with one surety for the like
sum to the satisfaction of the S.H.O or I.O, subject to the
following conditions:
i) The petitioner shall surrender himself before the
S.H.O/I.O within a period of 15 days from today;
ii) The petitioner shall mark his attendance before
I.O/S.H.O on first Sunday of every month in
between 10:00 a.m. to 05:00 p.m. for a period of
six months or till filing of the final report,
whichever is earlier;
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iii) The petitioner shall not tamper the prosecution
witnesses and shall not threaten the witnesses;
iv) The petitioner shall appear before the Court
regularly;
v) The petitioner shall not involve in any offences in
future.
Any violation of the conditions imposed above would
enable the prosecution to seek for cancellation of bail.
It is made clear that the above observations made herein
are only for disposal of the present petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
AM/-
CT:GSM
List No.: 1 Sl No.: 11