The court established the entitlement to bail under Section 483, affirming rights against unlawful detention when the investigation is complete and no criminal antecedents are present.

CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER (PER: HON'BLE MRS JUSTICE M G UMA)

The petitioners being accused Nos.1 and 5 are seeking grant of bail in Crime No.339/2025 of Vijayapur Rural Police Station, Vijayapur district, pending on the file of learned IV Additional Civil Judge and JMFC, Vijayapur, registered for the offences punishable under Sections 85, 108 and 3(5) of Bharatiya Nyaya Sanhita, 2023.

2. Heard Sri Sharanabasaveshwar Mamadapur, learned counsel for the petitioners and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent - State. Perused the materials on record.

3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

“Whether the petitioners are entitled for grant of bail under Section 483 of Bharatiya Nagarika Suraksha Sanhita , 2023?”

My answer to the above point is in the ‘Affirmative’

for the following:

R E A S O N S

4. The mother of the deceased lodged the first information against accused No.1 to 5 alleging that, the deceased married accused No.1 about three years prior to the date of her death. After the marriage, the deceased started residing with accused Nos.1 to 5 in the matrimonial house. Accused No.1 being the husband of the deceased, accused No.2 being the father, accused No.3 being the mother and accused Nos.4 and 5 being the brothers of accused No.1 were treating the deceased with cruelty. They used to abuse her for silly reasons and instigated her to commit suicide. As a result of which, she jumped into the well and committed suicide. Now the investigation is completed and charge sheet is filed for the offences punishable under Sections 85, 108 and 3(5) of BNS, 2023.

5. There is no allegation that, the deceased was subjected to cruelty by demanding dowry. The only allegation is that, the deceased was treated with cruelty on the ground that, she does not know cooking and she is not good looking. As per the postmortem report, the death of the deceased was due to asphyxia as a result of drowning. The petitioners being accused Nos.1 and 5 were apprehended on 15.07.2025 and since then they are in custody. Since the investigation is completed and charge sheet has been filed, detention of the petitioners in custody would amount to infringement to their right to life and liberty. It is not the contention of the prosecution that, the petitioners are having any criminal antecedents. Hence, I am of the opinion that the petitioners are entitled to be enlarged on bail subject to conditions, which will take care of the apprehension expressed by the prosecution witnesses.

6. Accordingly, I answer the above point in the affirmative and proceed to pass the following:

ORDER The criminal petition is allowed.

The petitioners/accused Nos.1 and 5 are ordered to be enlarged on bail in Crime No.339/2025 of Vijayapur Rural Police Station, Vijayapur district, pending on the file of learned IV Additional Civil Judge and JMFC, Vijayapur, on obtaining the bond in a sum of Rs.2,00,000/- each (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:

a) The petitioners shall not commit similar offences.

b) The petitioners shall not threaten or tamper with the prosecution witnesses.

c) The petitioners shall appear before the Court as and when required.

If in case, the petitioners violate any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail.

On furnishing the sureties by the petitioners, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioners and the