IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.100165 OF 2025 [439(CR.PC)/483(BNSS)]

BETWEEN:

SHRI IMRAN S/O. HUSAIN SABA GONADI, AGE: 36 YEARS, OCC. PRIVATE WORK, R/O. IBRAHIMPUR, 7^TH CROSS, OLD HUBBALLI, HUBBALLI, DIST. DHARWAD.

… PETITIONER (BY SRI ROSHAN SAHEB CHABBI, ADVOCATE)

AND:

THE STATE OF KARNATAKA THROUGH KASABAPETH P.S., REPRESENTED BY S.P.P., HIGH COURT, DHARWAD BENCH, DHARWAD-580011.

… RESPONDENT Digitally signed by BHARATHI H (BY SMT.GIRIJA S. HIREMATH, HCGP)

BHARATHI M H M D

2 1 0 0 a 2 : t 0 e 5 7 : .0 :0 2 3 .11 +0530 THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 IS PRAYING TO ALLOW THE PETITION AND RELEASE THE PETITIONER/ACCUSE NO.4 ON REGULAR BAIL IN C.C.NO.2547/2024 (CRIME NO.54/2024 OF KASABAPETH POLICE STATION, HUBBALLI), NOW PENDING ON THE FILE OF THE LEARNED II ADDITIONAL CIVIL JUDGE AND JMFC III, HUBBALLI, FOR THE ALLEGED COMMISSION OF HE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 498A, 304B RW.

SECTION 34 OF IPC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)

This petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) is seeking regular bail in Crime no.54/2024 by Kasabapeth Police Station for offences punishable under Sections 498-A and 304-B read with Section 34 of Indian Penal Code (for short, ‘IPC’) by accused no.4 (petitioner).

2. Sri Roshan Saheb Chabbi, learned counsel for petitioner submitted case of prosecution was Abdul Rehaman (complainant) filed complaint at 11:00 a.m. on 03.06.2024, stating that his daughter Najmeen (victim) was married Ibrahim Hussainsab (accused no.1) on 30.10.2022. It was further stated though he had given ½ Tola of gold as agreed, instead of Rs.20,000/- in cash, he had given Rs.15,000/- and sought time for paying remaining. Thereafter, she went to her husband’s house, where apart from her husband and parents-

in-law, even her brothers-in-law were residing together.

3. And, whenever she visited complainant, she told him that from date of marriage, her husband and his family members abused and beat her even on flimsy reasons and also prevented her from speaking to anyone on mobile. And further that he had advised them against it. Despite same, they had not stopped harassing her with demands for dowry. It was further stated that victim had called him and told that accused no.1 had tried to strangulate her and threatened with dire consequences in case she spoke to her parents.

4. Thereafter at 5:00 p.m. on 10.05.2024, his relative Basir Karajgi informed him about crowd having gathered in front of his daughter’s house and that he had seen complainant’s daughter lying dead. On going there he saw his daughter had died with hanging marks around her neck. On enquiry, her mother-in-law informed him that victim was found hanging and immediately she was brought down. She in very casual manner asked complainant to enquire with his dead daughter about reason for hanging herself. Thereafter, he had taken his daughter to KIMS Hospital at 5:40 p.m., doctors examined and declared her dead. Alleging that victim’s husband, parents and brothers-in-law had harassed her with demands for dowry and compelled her to commit suicide, he sought for taking action. Based on same, Crime no.39/2024 was registered by Hubli – Dharwad City Women Police Station for offences stated above. It was submitted, same was later transferred to Kasabapeth Police Station on 03.06.2024 and re-registered as Crime no.54/2024 (supra).

5. It was submitted, in respect of same Crime, this Court had granted bail to accused no.3 who was also brother- in-law of victim on ground of separate residence and not with victim and accused no.1 and 2. It was submitted, even petitioner herein does not have any criminal antecedents and was in custody since 16.05.2024. It was