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2025 Supreme(Online)(Kar) 12975

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S VISHWAJITH SHETTY, J
SRIDHARA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRL.P No. 7730 of 2025



Advocates:
For the Appellants/Petitioners: SRI. VIKAS M.
For the Respondents: SRI. RANGASWAMY R.

The court granted bail based on lack of evidence linking the petitioner to the instigation of suicide and completion of the investigation.

Headnote:Statute Analysis: The petitioner seeks bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and relevant sections of the Dowry Prohibition Act, 1961. Facts of the Case: The petitioner was arrested following allegations of instigating the suicide of his wife, Aruna.

Findings of Court:
The court finds no specific instance of instigation prior to the suicide and recognizes the petitioner's lack of criminal antecedents.

Issues: The court examines whether there are sufficient grounds for bail.

Ratio Decidendi: The court concludes that the petitioner is entitled to bail given the completion of investigation and absence of direct evidence linking him to the alleged instigation.

Result: The Criminal Petition is allowed.

Table of Content
1. the case involves a bail application related to allegations of instigation of suicide. (Para 1 , 3 , 5)
2. the court hears arguments from both parties regarding bail. (Para 2)
3. the court observes the lack of evidence linking the petitioner to the suicide. (Para 4)
4. the court establishes the basis for granting bail. (Para 6)

ORAL ORDER

Accused No.1 in Crime No.87/2025 registered by Kadur Police Station, Chikkamagaluru District, for the offences punishable under Sections 80(2), 85, 108 , 3(5) of the BNS, 2023 r/w Sections 3 and 4 of the Dowry Prohibition Act , 1961, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023, seeking regular bail.

2. Heard the learned counsel for the parties.

3. F.I.R. in Crime No.87/2025 was registered by Kadur Police Station, Chikkamagaluru District, against the petitioner herein and others for the aforesaid offences on the basis of first information dated 01.04.2025 received from Smt. Latha, who is the mother of deceased Aruna. During the course of investigation of the case, the petitioner herein was arrested on 02.04.2025 and subsequently remanded to judicial custody.

4. The bail application filed by the petitioner in Crl.Misc.No.180/2025 before the jurisdictional Sessions Court was rejected on 03.05.2025. Therefore, he is before this Court.

5. Perusal of material on record would go to show that marriage of the petitioner with deceased Aruna was a love marriage and from the wedlock, the couple have a girl child. In the first information itself it is stated that marriage between petitioner and his wife Aruna was against the wishes of the first informant and her family members. It appears that Aruna had committed suicide on 31.03.2025 by hanging herself in her house. Thereafter the first informant had approached the Police on 01.04.2025 alleging that accused No.1 and his family members were ill-treating her daughter in her matrimonial house and as a result Aruna had committed suicide. There is no mention of any specific instance which had taken place immediately prior to Aruna Committing suicide which would have either instigated or abetted her to commit suicide. Undisputedly, petitioner has no other criminal antecedents and he is in custody from 02.04.2025. Investigation is completed and charge sheet is already filed. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.

6. Accordingly, the following:

ORDER

The Criminal Petition is allowed.

The petitioner is directed to be enlarged on bail in Crime No.87/2025 registered by Kadur Police Station, Chikkamagaluru District, for the offences punishable under Sections 80(2), 85, 108 , 3(5) of the BNS, 2023 r/w Sections 3 and 4 of the Dowry Prohibition Act , 1961, subject to the following conditions:

a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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