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Judgment
S Vishwajith Shetty, J
Accused Nos.1 and 4 in Crime No.119/2025 registered by Malur Police Station, Kolar, for the offences punishable under Sections 103(1), 3(5), 80 and 86 of BNS, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, are before this Court under Section 483 of BNSS, 2023, seeking regular bail.
Heard the learned counsel for the parties.
FIR in Crime No.119/2023 was registered by Malur Police Station, Kolar, for the aforesaid offences against Rathnamma and others based on the first information dated 25.04.2025 received from Somashekar, father of deceased Rashmi. During the course of investigation of the case, petitioners herein, who were arraigned as accused Nos.1 and 4 in the FIR were arrested on 25.04.2025 and subsequently, remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.376/2025 was rejected on 16.05.2025. Therefore, they are before this Court.
In the first information submitted by the father of the deceased, he has stated that the marriage of his daughter Rashmi was performed with accused No.2 Dinesh Gowda about one year prior to the date of FIR. He has alleged that Dinesh Gowda and his relatives were ill-treating his daughter in her matrimonial house and on 24.04.2025, he had received a phone call from the sister of Dinesh Gowda, who informed him that Rashmi had hanged herself in her matrimonial house and committed suicide. Immediately, thereafter, he went to Malur Government Hospital and found the dead body of his daughter. Since he suspected the hand of accused in the death of his daughter, he had approached the police and based on his first information, FIR was registered for the aforesaid offences against the accused persons. Accused No.3 Appaji Gowda is the father of Dinesh Gowda, who is arraigned as accused No.2 in the present case. Accused No.1 is the first wife of Appaji Gowda and accused No.4 is the second wife of Appaji Gowda. Dinesh Gowda is born from the wedlock between Appaji Gowda and accused No.4 - Sarojamma. Accused Nos.2 and 3 have been granted regular bail by the jurisdictional Sessions Court in Crl.Misc.No.376/2025.
Perusal of the material on record would go to show that Rashmi had committed suicide by hanging herself in her matrimonial house. It is alleged that she had left behind a death note mentioning the name of accused persons as the cause for her death. Therefore, it is apparent that her death was as a result of suicide. Petitioners, who are ladies aged about 71 years and 65 years are in custody for the last more than two months. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:-
The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.119/2025 registered by Malur Police Station, Kolar, for the offences punishable under Sections 103(1), 3(5), 80 and 86 of BNS, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, subject to the following conditions:
a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;
c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioners shall not involve in similar offences in future;
e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.