Full Judgment Text
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NC: 2026:KHC:21202
CRL.P No. 6064 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 17 DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 6064 OF 2026
(438(Cr.PC)/482(BNSS))
BETWEEN:
1. SRI G C MANJUNATH
S/O G.S CHANDREGOWDA,
AGED ABOUT 44 YEARS
R/A GUDDAMANE, ALDURU POST,
CHIKKAMANGALURU – 577 102.
2. SRI K S RAMESH
Digitally
signed by
PAVITHRA
N
Location:
High
Court of
Karnataka
S/O LATE.SIDDEGOWDA
AGED ABOUT 65 YEARS
R/A KOTEVOOR, KUDAVALI POST,
CHIKKAMANGALURU – 577 102.
…PETITIONERS
(BY SRI. VIVEK SUBBA REDDY., SR. ADVOCATE
ALONG WITH SRI. SUBBA REDDY K N., ADVOCATE)
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HC-KAR
AND:
STATE BY ALDUR POLICE STATION
CHIKKAMANGALUR DISTRICT
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU – 560 001.
…RESPONDENT
(BY SRI. HARISH GANAPATHY., HCGP)
THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS)
BY THE ADVOCATE FOR THE PETITIONER PRAYING TO GRANT
ANTICIPATORY BAIL IN THE EVENT OF ARREST OF THE
PETITIONERS BEING APPREHENDED ON THE COMPLAINT AND
FIR IN CR.NO.45/2026 REGISTERED BY THE RESPONDENT
POLICE FOR ALLEGED OFFENCE P/U/S 80, 103 R/W 3(5) OF
BNS 2023 IN THE COURT OF THE PRL. CIVIL JUDGE (JR.DN)
AND J.M.F.C COURT CHIKKAMAGALURU AND DIRECT THE
RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL
IN THE EVENT OF HIS ARREST.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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CRL.P No. 6064 of 2026
HC-KAR
ORAL ORDER
1. The petitioners/accused Nos. 2 and 3 are before
this Court seeking anticipatory bail in Crime No.45/2026 of
respondent-police for the offence under Sections 80, 103 read
with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for
short, ‘BNS’).
Brief facts of the case:
2. The case of the prosecution is that, Sri. Ravindara
Kumar H.T. son of late B.T. Thimmappa Gowda resident of
Hasan, lodges a complaint stating that, he has performed
marriage of his daughter with accused No.1 on 20.10.2019. It
is stated that at the time of marriage, there were some
misunderstandings between accused No.1 and the complainant
relating to marriage and its performance. It is further stated
that at the time of marriage, sufficient dowry was given to
accused No.1. After the marriage, his daughter was residing in
her matrimonial home along with her husband and in-laws.
3. It is further stated that accused No.1 used to
harass his daughter on one or the other pretext and also in
respect of demand of additional dowry. It is further stated that,
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the deceased was being subjected to cruelty at the hands of the
petitioners and accused No.1. It is further stated that on
05.03.2026 around about 1.15 p.m., the complainant has
received an information that his daughter had committed
suicide. The complainant and his relatives rushed to the spot,
where they were shown the daughter's body in a hanging
position. Therefore, he filed a complaint to conduct
investigation and take suitable action against the persons who
are responsible for the said incident. Based on the said
complaint, the respondent police registered a case and the
investigation is under progress.
4. Heard Sri. Vivek Subba Reddy, learned Senior
Counsel for Sri. K.N. Subba Reddy for the petitioners and
Sri. Harish Gangapathy, learned High Court Government
Pleader for respondent -State.
5. The learned Senior Counsel for the petitioner
vehemently submitted that, the allegations made in the
complaint are baseless and bald. The averments of the
complaint would indicate that the petitioners are the brothers
and uncle of accused No.1 respectively. It is alleged that uncle
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of accused No.1 had attempted to commit rape on the wife of
accused No.1 when accused No.1 and 2 had been to the
hospital by leaving the deceased in the house of accused No.3.
Accused No.2 being a brother of accused No.1 used to quarrel
with the deceased and harassing on one or the other pretext.
These allegations are baseless and bald and they have been
made after the death of the deceased. Therefore, there is no
sanctity to the said allegations.
6. It is further submitted that, the petitioner
No.1/accused No.2 has to take of his mother who is bedridden
and she is counting her days. Petitioners are the only earning
members of their family. The complainant made certain
allegations due to frustration. Therefore, the petitioners may be
enlarged on bail by imposing suitable conditions and they will
abide by the conditions to be imposed by this Court in the
event of their release on bail. Making such submissions, learned
Senior Counsel for the petitioners prays to allow the petition.
7. Per contra, learned High Court Government Pleader
for respondent-State vehemently submitted that, the
petitioners are innocent of the alleged offences and they have
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been falsely implicated in the present case. The petitioners are
seeking anticipatory bail in respect of the offence punishable
under section 103 of BNS,2023. The said offence is considered
heinous and evil to the society. Demanding dowry, harassing
and subjecting the woman to cruelty in connection with such
demands must be viewed very seriously by the precedents of
the Hon'ble Supreme Court. Granting anticipatory bail to the
petitioners would send wrong message to the society.
Therefore, it is not appropriate to grant bail. Making such
submissions, learned HCGP for respondent - State prays to
reject the petition.
8. Having heard learned counsel for the respective
parties and on perusal of the averments of the complaint, it
appears from the record that the petitioners are brother and
uncle of accused No.1 respectively. On overall reading of the
averments of the complaint, it appears that certain allegations
are made against the petitioners. However, those allegations do
not constitute grave threat to the human life. It appears that
the complainant lodges a complaint suspecting the involvement
of the petitioners. Moreover, the cause of death yet to be
ascertained. At this stage, the mother of the petitioner No.1 is
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a bedridden and she is counting her days. Petitioner No. 1,
being her son, is required to take care of his aged mother. As
per the averments of the complaint, petitioner No.2/accused
No.3 was not at all present at the scene of occurrence.
9. Having considered the nature and gravity of the
offence as well as facts and circumstances of the case, I am of
the considered opinion that, the petitioners have made out a
case for the grant of bail. Hence, I proceed to pass the
following:
ORDER
allowed.
(i) The petition is
(ii) The petitioners No.1 and 2/accused
Nos. 2 and 3 are ordered to be enlarged on bail
in the event of their arrest in Crime No.45/2026
of respondent-police for the aforesaid offences
on executing personal bond in a sum of
Rs.1,00,000/- (Rupees One Lakh only) each
with one surety each for the likesum to the
satisfaction of the Trial Court.
(iii) They shall appear before the
jurisdictional police within a period of one month
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from the date of receipt of this order, to execute
personal bond and also to furnish surety.
(iv) They shall co-operate with
investigation till filing of the final report.
(v) They shall not threaten or tamper the
prosecution witnesses nor hamper the
proceedings of the Court.
(vi) They shall appear before the Trial
Court on all hearing dates without fail.
(vii) They shall not commit any criminal
cases, till disposal of the case.
In case the petitioners violate any of the bail conditions
as stated above, liberty is reserved to the prosecution to file
necessary application for cancellation of bail.
Sd/-
(S RACHAIAH)
JUDGE
JS, List No.: 4 Sl No.: 1