AI Structured Summary
Not yet generated for this judgment
Judgment
Accused nos.2 & 3 in Crime No.165/2026 registered by Hulimavu Police Station, Bengaluru City, for the offences punishable under Sections 103(1), 80(2) read with 3(5) of BNS, 2023, are before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail.
Heard the learned Counsel for the parties.
FIR in Crime No.165/2026 was registered by Hulimavu Police Station, Bengaluru City, against Vikrama Shesha and others based on the first information dated 30.04.2026 received from Narasimha Murthy - brother of deceased Vandana. Apprehending arrest in the said case, petitioners had filed Crl. Misc. No.4614/2026 before the jurisdictional Sessions Court which was rejected on 20.06.2026. Therefore, they are before this Court.
Learned Counsel for the petitioners having reiterated the grounds urged in the petition, submits that, deceased who had delivered a baby on 29.01.2026 was suffering from Post Partum depression. She had committed suicide by hanging herself and the postmortem report of the deceased is available on record. He submits that petitioner no.2 is a Teacher in a Government School and petitioners do not have any criminal antecedents. Accused no.1 who is arrested in the present case is in custody. Accordingly, he prays to allow the petition.
Per contra, learned HCGP submits that there are serious allegations against all the accused persons in the charge sheet. They have not only demanded dowry, but also ill-treated deceased in her matrimonial home. Death is within seven years from the date of marriage, and therefore, there is a presumption against the accused. Accordingly, he prays to dismiss the petition.
Marriage of accused no.1 with Vandana who is the deceased in the present case, was performed on 27.08.2023. In the first information, it is alleged that she was being ill-treated in her matrimonial home in furtherance of demand for dowry and as a result, she had committed suicide by hanging on 30.04.2026 in her matrimonial home. Since the first informant suspected foul play in the death of his sister, the offence punishable under Section 103(1) of BNS, 2023, was also invoked in the FIR along with other offences.
The postmortem report of the deceased which is now available on record would go to show that death was due to asphyxia as a result of hanging. Petitioners herein are the parents of accused no.1 who is arrested and remanded to judicial custody. Investigation of the case is completed and charge sheet is filed.
Learned Counsel for the petitioners has produced certain medical records of deceased Vandana which would go to show that after she had delivered a girl child at Gunasheela Hospital in Bengaluru, on 29.01.2026, she had developed symptoms of Post Partum depression, and therefore, she was treated in Rajashri Grandhim Foundation & Diagnostic Centre and she was also referred to a Neurologist and Psychiatrist for further management. It appears that in the meanwhile, she had committed suicide by hanging. Though there are certain allegations against the petitioners in the charge sheet, considering the medical records of the deceased which would prima facie show that she was suffering from Post Partum depression, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail is required to be answered affirmatively, subject to appropriate conditions. Accordingly, the following order:
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.165/2026 registered by Hulimavu Police Station, Bengaluru City, for the offences punishable under Sections 103(1), 80(2) read with 3(5) of BNS, 2023, subject to the following conditions:
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 for a sum of Rs.1,00,000/-each with two sureties for the likesum to the satisfaction of the investigating officer.
Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
Petitioners shall not tamper with the prosecution witnesses.