The court upheld the necessity of preserving evidence in serious allegations while allowing anticipatory bail to an accused with no direct involvement in the crime.

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. 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 befor