Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Kar) 14005

KARNATAKA HIGH COURT
S VISHWAJITH SHETTY, J
SRI NAWAZ KHAN S – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRIMINAL PETITION NO. 8306 OF 2025

Advocates:
For the Appellants/Petitioners: SRI DAYANANDA B.V
For the Respondents: SRI RANGASWAMY R

The court highlights that in non-capital offences, absence of prior criminal history and completion of investigation warrant granting bail, ensuring personal liberties are respected.

Headnote:(A) BNS Act, 2023 - Sections 85, 108 and Dowry Prohibition Act, 1961 - Regular bail application - Petitioners are accused of ill-treatment and dowry demand leading to the suicide of the deceased - Undisputedly, petitioners have no criminal antecedents, and the charges do not carry maximum punishment - Investigation is completed and charge sheet is filed - Bail granted with conditions. (Paras 5, 6)

(B) Section 439 Cr.P.C. - Grant of bail - The court considers the seriousness of the charges, possibility of absconding, and likelihood of tampering with evidence - No serious threat to the prosecution’s case as charges do not entail severe penalties. (Paras 5, 6)

Facts of the case:
Petition is filed for bail by accused persons arrested for offences under the BNS Act and Dowry Prohibition Act in connection to a suicide case allegedly involving dowry demand. Their bail application was rejected by the Trial Court which then leads to the current petition.

Findings of Court:
The petitioners, having no prior criminal history and the nature of the charges, meet the criteria for bail, highlighting rights under personal liberty.

Issues: Whether the petitioners should be granted bail considering no criminal antecedents and the nature of charges - the applicable legal standards for bail in non-capital offences.

Ratio Decidendi: The court establishes the principle that in the absence of serious criminal background and completion of investigation, the right to bail prevails, and grant of bail does not compromise judicial integrity if balanced appropriately.

Result: Petition allowed; bail granted under specified conditions.

Table of Content
1. petitioners are accused in a suicide case alleging dowry demands. (Para 1 , 3)
2. the court considers factors for granting bail, focusing on seriousness of charges and prior conduct. (Para 2 , 5)
3. the court allows bail under established conditions favoring personal liberties. (Para 6)

ORAL ORDER

1. Accused nos.1 & 4 in Crime No.202/2024 registered by Kanakapura Police Station, Ramanagara District, for the offences punishable under Sections 85 , 108 read with 3(5) of BNS, 2023, and Sections 3 & 4 of Dowry Prohibition Act, 1961 , are before this Court under Section 4 83 of BNSS, 2023, seeking regular bail.

2. Heard the learned Counsel for the parties.

3. FIR in Crime No.202/2024 was registered by Kanakapura Police Station, Ramanagara District, initially for the offences punishable under Sections 103(1), 85, 3(5) of BNS, 2023, against the petitioner and others based on the first information dated 31.12.2024 received from Fathima Bi who is the mother of deceased Jasmen Taj. During the course of investigation of the case, petitioners herein who were arrayed as accused nos.1 & 4 in the FIR, were arrested on 31.12.2024 and 03.01.2025, respectively, and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed for the aforesaid offences and the offence under Section 103(1) of BNS, 2023, has been dropped in the charge sheet. Bail application filed by the petitioners before the Trial Court in Crl. Misc. No.5153/2024 was rejected on 05.06.2025. Therefore, they are before this Court.

4. Perusal of the material on record would go to show that initially FIR was registered in the present case against the accused for the offences punishable under Sections 103(1), 85 read with 3(5) of BNS, 2023. During the course of investigation, petitioners herein were arrested on 31.12.2024 & 03.01.2025, respectively. Accused no.1 is the husband of deceased Jasmen Taj and accused no.4 is the brother of accused no.1.

5. In the charge sheet, it is alleged that deceased Jasmen Taj had committed suicide in her husband's house on 31.12.2024 by hanging herself since the accused persons were ill-treating her and demanding dowry from her. Undisputedly, petitioners herein have no criminal antecedents. The alleged offences are not punishable with death or imprisonment for life. Investigation of the case is completed and charge sheet is filed. Under the circumstances, I am of the opinion that petitioners' prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:

6. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.202/2024 registered by Kanakapura Police Station, Ramanagara District, for the offences punishable under Sections 85 , 108 read with 3(5) of BNS, 2023, and Sections 3 & 4 of Dowry Prohibition Act, 1961 , subject to the following conditions:

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2025 Supreme(Online)(Kar) 14005

KARNATAKA HIGH COURTS VISHWAJITH SHETTY, JSRI NAWAZ KHAN S – AppellantVersusTHE STATE OF KARNATAKA – RespondentCRIMINAL PETITION NO. 8306 OF 2025

The court highlights that in non-capital offences, absence of prior criminal history and completion of investigation warrant granting bail, ensuring personal liberties are respected.

KARNATAKA HIGH COURT
S VISHWAJITH SHETTY, J
SRI NAWAZ KHAN S – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRIMINAL PETITION NO. 8306 OF 2025