THE HIGH COURT OF KARNATAKA
S Vishwajith Shetty, J
Sakamma – Appellant
Versus
State of Karnataka – Respondent
CRL.P No. 5646 of 2026
| Table of Content |
|---|
| 1. nature of the criminal petition seeking anticipatory bail. (Para 1) |
| 2. procedural history and the context of the bail application. (Para 2 , 3) |
| 3. judicial reasoning regarding the lack of specific allegations justifying bail. (Para 4) |
| 4. grant of anticipatory bail with stipulated conditions. (Para 5) |
THIS CRL.P. IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN EVENT OF THEIR ARREST INC R.No.14/2026 P/U/S 85,89,115(2),351(2) R/W 3(5) OF BNS 2023 P/U/S 3, 4 OF D.P ACT 1961 OF RESPONDENT RAMANAGARA WOMEN POLICE, KANAKAPURA TALUK, BENGALURU SOUTH DISTRICT PENDING ON THE FILE OF THE PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT KANAKAPURA.
THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused Nos.2 and 3 in Crime No.14/2026 registered by the Ramanagara Women Police Station, Bengaluru South, for the offences punishable under Sections 85 , 89, 115(2), 351(2), 352 r/w 3(5) of BNS, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961, is before this Court in this Criminal Petition filed under Section 482 of BNSS seeking anticipatory bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.14/2026 was registered by the Ramanagara Women Police Station, Bengaluru South, for the aforesaid offences against Shivakumar and petitioners herein based on the first information dated 16.02.2026 received from Shilpa M.S., who is the wife of accused No.1-Shivakumar. Apprehending arrest in the present case, petitioners had filed Crl.Misc.No.5051/2026 before the jurisdictional Sessions Court, which was dismissed on 25.03.2026. Therefore, they are before this Court.
4. A perusal of the material on record would go to show that the first informant is the wife of accused No.1. Allegation in the first information is that at the time of marriage, accused persons had demanded dowry from the victim girl and her family members and even after her marriage, the victim girl was being harassed in her matrimonial house in furtherance of such demand. A reading of the typed complaint, running into eight pages, would go to show that no specific particulars of the alleged harassment meted out by the petitioners herein on the first informant have been stated therein. The petitioners herein are the mother and sister of accused No.1. Petitioner No.2 is married and she is staying separately. Undisputedly, petitioners do not have any criminal antecedents. They have undertaken to co-operate with the police for the purpose of investigation. Under these circumstances, I am of the view that their prayer for grant of anticipatory bail is to be answered in the affirmative.
5. The petition is allowed. The respondent – Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.14/2026 registered by the Ramanagara Women Police Station, Bengaluru South, for the offences punishable under Sections 85 , 89,115(2), 351(2), 352 r/w 3(5) of BNS, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961, subject to the following conditions:
a) The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond before the concerned Court, for a sum of Rs.1,00,000/- with two sureties each for the likesum to the satisfaction of the investigating officer.
b) Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
c) Petitioners shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon.
d) The petitioners shall not involve in similar offences in future.
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