- 1 - NC: 2025:KHC-K:2603 CRL.P No. 200800 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 6TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO.200800 OF 2025 (438(Cr.PC)/482(BNSS)-) BETWEEN: SRI. MAHESH S/O VIJAYKUMAR MANKARE, AGED ABOUT 34 YEARS, OCC: SENIOR ENGINEER (BRANDING), MSPL LIMITED, HOSPETE, R/O IRANI GALLI, BIDAR-585 401. …PETITIONER (BY SRI R.S. LAGALI, ADVOCATE FOR SRI S.S. MAMADAPUR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH GANDHI GUNJ POLICE STATION, BIDAR, REP. BY ITS STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL’S OFFICE, HIGH COURT BUILDING, KALABURAGI-585 107. …RESPONDENT (BY SRI VEERANAGOUDA MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE BNSS, 2023 PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN GANDHI GUNJ Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2603 CRL.P No. 200800 of 2025 POLICE STATION, BIDAR IN CRIME NO.44/2025, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 353(1)(C), 3(5) OF BNS, 2023, ON THE FILE OF THE JMFC-II, BIDAR ON SUCH TERMS AND CONDITIONS AS THIS HON’BLE COURT DEEMS FIT TO IMPOSE UPON HIM. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in Crime No.44/2025, registered by the Gandhi Gunj Police Station, Bidar for the offence punishable under Section 353(1)(c) read with Section 3(5) of BNS, 2023 is before this Court under Section 482 of BNSS, 2023 seeking anticipatory regular bail. 2. FIR in Crime No.44/2025 was registered by Gandhi Gunj Police Station, Bidar for the aforesaid offence against the petitioner and others based on the first information dated 24.03.2025, received from Rajkumar, Police Officer, attached to the Gandhi Gunj Police Station, Bidar. His bail application filed in Criminal Miscellaneous - 3 - NC: 2025:KHC-K:2603 CRL.P No. 200800 of 2025 No.159/2025 before the Principal District and Sessions Judge, Bidar was rejected on 19.04.2025. Therefore, he is before this Court. 3. Heard learned counsel for the petitioner and learned High Court Government Pleader, who is directed to take notice for the respondent/State. 4. It is the case of the prosecution that when two women were fighting with each other regarding parking of vehicles in front of their houses on 23.03.2025 at about 08-30 p.m. in Irani colony, Bidar, within the jurisdiction of Gandhi Gunj Police Station, Bidar, the father of the petitioner recorded the said incident in his mobile phone and sent the same to the petitioner, who is working as Software Engineer working at Bengaluru. The petitioner allegedly had uploaded the said video recorded by his father in a face book page under the title ‘Namo Modi’ with objectionable caption. The first informant after receiving the information about the aforesaid incident and alleged act committed by the petitioner, had submitted his first - 4 - NC: 2025:KHC-K:2603 CRL.P No. 200800 of 2025 information, based on which, FIR has been registered for the alleged offence. The maximum punishment for the offence under Section 353(1)(c) of BNS, 2023 is imprisonment for a period of three years or a fine, or both. The petitioner has undertaken to co-operate with the police. 5. Considering the aforesaid aspect of the matter, I am of the opinion that the petitioner’s prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, following order is passed: ORDER The 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 his arrest in Crime No.44/2025, registered by the Gandhi Gunj Police Station, Bidar for the offence punishable under Section 353(1)(c) read with Section 3(5) of BNS, 2023, pending on the file of the JMFC-II, Bidar, subject to the following conditions: - 5 - NC: 2025:KHC-K:2603 CRL.P No. 200800 of 2025 1. The petitioner shall appear before the Investigating Officer within a period of 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/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSP List No.: 1 Sl No.: 2 CT: AK