SHRI VINODKUMAR NIRNAKAR S/O PRAKASH NIRNAKAR vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17859
CRL.P No. 102710 of 2026
CNR: KAHC020180202026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 30 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102710 OF 2026
(438(Cr.PC)/482(BNSS)
BETWEEN:
SHRI VINODKUMAR NIRNAKAR
S/O. PRAKASH NIRNAKAR,
AGE: 36 YEARS, OCC: NURSE,
R/O. GEETANJALI HERITAGE,
ND
2 APARTMENT, VASAVI NAGAR,
GOKUL ROAD, HUBBALLI,
DIST. DHARWAD, P.C-580030.
…PETITIONER
(BY SRI SHARANU NANDU, ADV. FOR
SRI A. C. CHAKALABBI, ADVOCATE)
AND:
STATE OF KARNATAKA,
BY HD CITY WOMEN P.S.,
REPD. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD BENCH,
HIGH COURT COMPLEX, DHARWAD-580011.
…RESPONDENT
(BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.482 OF BNSS,
(U/S.438 OF CR.P.C.), PRAYING TO ENLARGE THE
PETITIONER/ACCUSED NO.1 ON ANTICIPATORY BAIL IN HD CITY
WOMEN P.S. CRIME NO.64/2026 REGISTERED BY HD CITY WOMEN
POLICE STATION ON 03/09/2026 FOR THE OFFENCE THE
PUNISHABLE U/S.85, 115(2), 351(2), 352, R/W 3(5) OF THE
BHARATIYA NYAYA SANHITA (BNS), 2023 AND U/S. 3, 4 OF DOWRY
PROHIBITION ACT, 1961 WHICH IS NOW PENDING ON THE FILE OF
RD
THE 3 ADDL. CIVIL JUDGE AND J.M.F.C. COURT AT HUBBALLI, IN
THE INTEREST OF JUSTICE AND EQUITY.
Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
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HC-KAR
NC: 2026:KHC-D:17859
CRL.P No. 102710 of 2026
CNR: KAHC020180202026
THIS PETITION, COMING ON FOR HEARING ON IA, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
The petitioner/accused No.1 has filed this petition under
Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023
seeking anticipatory bail in Crime No.64/2026 of Hubballi-
Dharwad City Women Police Station, registered for the offences
punishable under Sections 85, 115(2), 351(2), 352 read with
Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Sections 3 and 4 of the Dowry Prohibition Act, 1961, pending
on the file of learned III Addl. Civil Judge and JMFC Court,
Hubballi, Dharwad District .
2. The brief facts of the prosecution case in the
nutshell is as under:-
The petitioner/accused No.1 is the husband of defacto
complainant. Their marriage was solemnized on 13.09.2025.
After the marriage, the relationship of petitioner and defacto
complainant was cordial for couple of months and thereafter,
the petitioner and his parents started to harass the defacto
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NC: 2026:KHC-D:17859
CRL.P No. 102710 of 2026
CNR: KAHC020180202026
complainant physically and mentally, inspite of the fact that the
defacto complainant working as Staff Nurse. However, the
petitioner and his parents demanded additional dowry amount
of Rs.10,00,000/- from her parents by harassing her.
Accordingly, on 28.08.2026 at 4:00 p.m., the petitioner insisted
the defacto complainant to pay her entire salary to him and
threatened her that she should not pay single rupee to her
parents. Accordingly, intentionally insulted her and provoked
her breach of peace, torn her cloths and Mangalsutra. Petitioner
voluntarily assaulted on her cheek, legs and abdomen and also
made criminal intimidation to eliminate her with dire
consequences. Accordingly, she filed complaint. This lead to
registration of FIR and investigation. Apprehending arrest at
the hands of the respondent-police, the petitioner has filed this
petition seeking anticipatory bail.
3. Heard Sri Sharanu Nandu, learned counsel
appearing for the petitioner and Sri Praveena
Y.Devareddiyavara, learned HCGP appearing for respondent-
State.
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CRL.P No. 102710 of 2026
CNR: KAHC020180202026
4. Learned counsel for the petitioner vehemently
contended that, the defacto complainant has filed false
complaint alleging general and omnibus allegations against the
petitioner. The alleged offences are triable by the Court of JMFC
and not punishable with death or imprisonment for life. The
petitioner is also working as Staff Nurse at KIMS, Hubballi and
he is a Government servant. Now the respondent-police are
making hectic efforts to arrest the petitioner. If the petitioner is
arrested by the respondent-police, the petitioner will loose his
job. The petitioner is ready to abide by the conditions to be
imposed by the Court. Hence, learned counsel prayed for grant
of anticipatory bail to the petitioner.
5. Per-contra , learned HCGP for the respondent-State
contended that, there is grave allegation against the petitioner.
He has assaulted the defacto complainant and demanded her to
bring additional dowry amount of Rs.10,00,000/- from her
parents. If the petitioner is released on bail, he may tamper
with the prosecution witnesses and he may abscond. Hence,
learned HCGP prayed for rejection of anticipatory bail to the
petitioner.
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6. Perused the material available on record. It shows
that the relationship between the parties is not in dispute. As
per the material available on record, the petitioner/accused
No.1 demanded the defacto complainant dowry amount of
Rs.10,00,000/- and properties from her parents and hence,
harassed her both physically and mentally and on 28.08.2026,
he assaulted on her cheek, abdomen, torn her cloths, insulted
her and also made criminal intimidation.
7. Admittedly, the alleged offences are triable by the
Court of Magistrate and not punishable with death of
imprisonment for life. The petitioner is public servant and his
presence can be secured. The learned Sessions Judge has
granted anticipatory bail in favour of accused No.2 and 3 who
are none other than parents of petitioner/accused No.1.
8. It is well established principles of law that while
granting bail, the Court has to consider the nature of the
offence, circumstances in which the offence is committed,
position and status of the petitioner with reference to the victim
and witnesses, likelihood of fleeing away from justice, of
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repeating same offences by the petitioner. The possibility of
tampering with the witnesses, character and antecedents of the
petitioner. Further, the law is well settled that while disposing
of the bail petition, the Court need not scan the prosecution
papers and hold mini trial.
9. Keeping all these factors in mind, when the Court
goes through the entire material placed on record, it can be
said that prima facie there are no reasonable and sufficient
grounds to believe, at this stage, that the petitioner is guilty of
the offences alleged against him. Therefore, the petitioner is
entitled for bail.
10. Accordingly, I proceed to pass the following:
O R D E R
allowed
Criminal petition is . The respondent-Police are
directed to release the petitioner/accused No.1 on bail in the
event of his arrest in connection with Crime No.64/2026
pending on the file of learned III Addl. Civil Judge and JMFC
Court, Hubballi, Dharwad District, registered for the offences
punishable under Sections 85, 115(2), 351(2), 352 read with
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Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Sections 3 and 4 of the Dowry Prohibition Act, 1961, subject to
the following conditions:
i. The petitioner shall execute a personal bond in a
sum of Rs.1,00,000/- (Rupees one lakh only)
with a surety for the likesum to the satisfaction
of the Investigating Officer/Station House
Officer;
ii. The petitioner shall surrender himself before the
Investigating Officer/Station House Officer within
fifteen days from the date of receipt of a
certified copy of this order;
iii. The petitioner shall appear before the
Jurisdictional Court on all date of hearing
without fail;
iv. The petitioner shall not tamper with the
prosecution witnesses directly or indirectly;
v. The petitioner shall mark his attendance before
Investigating Officer/Station House Officer on
the first Sunday of every month between 10.00
a.m. and 5.00 p.m. for a period of six months or
till filing of charge-sheet, whichever is earlier,
and
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vi. The petitioner shall not indulge in any similar
offences.
If any of the above conditions are violated, the
prosecution is at liberty to move the Court for cancellation of
bail.
It is made clear that above observation made herein are
only for disposal of the present petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
CLK /CT-AN
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