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Judgment
Accused no.2 in Crime No.151 of 2026 registered by Yeshwanthpura Police Station, Bengaluru City, for offences punishable under Section 85 & 80(2) R/w Section 3(5) of BNS, 2023 & Sections 3 & 4 of Dowry Prohibition Act, 1961 is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking anticipatory bail.
Heard the learned counsel for the parties.
FIR in Crime No.151 of 2026 was registered by Yeshwanthpura Police Station, Bengaluru for the aforesaid offences against Sri Mahesh and the petitioner herein, based on the first information dated 06.05.2026, received from Sri Arun K, aged 38 years who is younger brother of the deceased Smt. Sharada. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.5191 of 2026 before the jurisdictional Sessions Court which was rejected on 18.06.2026. Therefore, she is before this Court.
Perusal of the material on record would go to show that, the petitioner is the mother of accused no.1 and mother-in-law of deceased Smt. Sharada. Marriage of Sharada was performed with the petitioner on 31.07.2025 and it was an arranged marriage performed by the relatives of the deceased and the petitioner. As on the date of marriage, Sharada was aged more than 40 years. In the first information, it is alleged that at the time of marriage, dowry was given in the form of gold ring to accused no.1 and subsequently, Sharada was being ill-treated in her matrimonial house in furtherance of demand for additional dowry.
Further statement of the first informant has been recorded in the present case on 24.05.2026 wherein he has stated that he and his three other sisters had not attended the marriage of Sharada with accused no. 1. He has also stated that the said marriage was performed by Smt. Sunita and Smt. Roopa, who are his niece. He has also stated that after the marriage, he had not visited his sister's house at any point of time nor had his sister come to their house. From the aforesaid, allegations found in the first information becomes doubtful. Accused no.1 who is arrested in the present case is in custody. The petitioner is a lady aged about 65 years. Investigation of the case is now completed and charge sheet is filed. Under the circumstances, the following:-
ORDER
The Criminal Petition is allowed.
The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of her arrest in Crime No.151 of 2026 registered by Yeshwanthpura Police Station, Bengaluru City, for offences punishable under Section 85 & 80(2) R/w Section 3(5) of BNS, 2023 & Sections 3 & 4 of Dowry Prohibition Act, 1961, subject to the following conditions:
The petitioner shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer/jurisdictional Court.
The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon.
The petitioner shall not involve in similar offences in future.
