IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4204 OF 2025 BETWEEN:

1. SRI. SHABEER KHAN S/O. HUSSAIN KHAN, AGED ABOUT 63 YEARS, 2. SMT. RESHMA, W/O. SHABBIRA KHAN, AGED ABOUT 46 YEARS, BOTH ARE R/AT AZEEZ NAGARA, NAVAJI BORE ROAD, KANAKAPURA TOWN, RAMANAGARA DISTRICT.

PINCODE - 562 159 …PETITIONERS (BY SRI. DAYANANDA B.V., ADVOCATE)

AND:

Digitally signed STATE BY KANAKAPURA TOWN POLICE, by NANDINI B G REPRESENTED BY STATE PUBLIC PROSECUTOR Location: High Court of HIGH COURT BUILDING, BANGALORE - 560 001 Karnataka …RESPONDENT (BY SMT. PUSHPALATHA .B., ADDL.S.P.P.)

THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL IN CRIME NO.202/2024 FOR THE OFFENCE P/U/S 103(1), 85 R/W SEC.3(5) OF BNS ACT 2023 REGISTERED BY THE RESPONDENT POLICE THAT IS KANAKAPURA TOWN POLICE WHICH IS NOW PENDING ON THE FILE OF THE 3^RD ADDL. CIVIL JUDGE AND JMFC COURT KANAKAPURA RAMANAGARA DISTRICT AND THE 1^ST PETITIONER IS SHOWN AS A-

2 AND THE 2^ND PETITIONER IS SHOWN AS A-3 IN THE SAID FIR AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN THE CRIME NO.202/2022 FOR THE OFFENCE P/U/S 103(1), 85 AND 3(5) OF BNS ACT 2023.

THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused Nos.2 and 3 in Crime No.202/2024 registered by Kanakapura Town Police Station, Ramanagara for offences punishable under Sections 108, 85 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and Sections 3 and 4 of Dowry Prohibition Act, 1961 (for short 'DP Act') are before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking anticipatory bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.202/2024 was registered by Kanakapura Town Police Station, Ramanagara against Nawaz Khan S and three others initially for the offence punishable under Sections 103(1) and 85 read with Section 3(5) of BNS on the basis of the first information dated 31.12.2024 received from Fathima Bi, who is the mother of deceased - Jasmen Taj.

4. Petitioners herein, who are the parents of accused No.1- Nawaz Khan S were arrayed as accused Nos. 2 and 3 in the FIR. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.5013/2025 before the Jurisdictional Sessions Court which was rejected on 27.01.2025. Therefore, the petitioners are before this Court.

5. Learned counsel for the petitioners submits that accused Nos. 1 and 4 are arrested in the present case and they are in judicial custody. Though FIR was initially registered for offences punishable under Sections 103(1) and 85 read with Section 3(5) of BNS, charge sheet is now filed for the offence punishable under Section 108 of BNS. As against the petitioners herein, there are omnibus allegations and they were not staying with accused No.1 after his marriage with the deceased. Accordingly, he prays to allow the petition.

6. Per contra, learned Additional SPP has opposed the petitioner. She submits that allegation as against all the accused in the charge sheet is identical. Accordingly, she prays to dismiss the petition.

7. Perusal of the materials on record would go to show that, marriage of accused No.1, who is the son of the petitioners herein, with the deceased was performed on 09.07.2017 and from the wedlock, they have two children. It appears that after marriage, accused No.1 was staying with his wife and children separately. Deceased Jasmen Taj had committed suicide in her husband's house on 31.12.2024 by hanging herself. Since the first informant suspected foul play in the death of her daughter, had alleged that accused persons had murdered her daughter and therefore initially FIR was registered for offences punishable under Sections 103(1) and 85 read with Section 3(5) of BNS. After completin