- 1 - NC: 2025:KHC:11908 CRL.P No. 1708 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1708 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI PAVAN KUMAR @ PAYASA S/O. CHALUVARAJU, AGED: 30 YEARS, R/AT BALLENAHALLI VILLAGE, K. SHETTIHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571 807. …PETITIONER (BY SRI. RAGHU M N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SRIRANGAPATNA TOWN POLICE STATION, MANDYA DISTRICT, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA. BANGALORE-01. 2. SNEHA. N D/O. SOMASHEKAR, AGED ABOUT 24 YEARS, KUDALAKUPPE VILLAGE, K. SHETTIHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571 807. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1, R2 - SERVED.) Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:11908 CRL.P No. 1708 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT NO.1 POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST ON THE BASIS OF THE ALLEGED COMPLAINT IN CR.NO.239/2024 OF SRIRANGAPATNA TOWN POLICE STATION, MANDYA DISTRICT FOR THE OFFENCE P/U/S 115(2), 119, 128(b), 351(2), 74, 76, 78 OF BNS, 2023 WHICH IS PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DVN.) AND JMFC, SRIRANGAPATNA, MANDYA DISTRICT, DIRECT THE INVESTIGATING OFFICER OR ANY OTHER OFFICER, WHO IS INVESTIGATING IN THIS MATTER TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST IN THE ABOVE CASE. THIS PETITION, COMING ON FOR ORDERS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.239/2024 registered by Srirangapatna Police Station, Mandya for offences under Sections 115(2), 119, 128(b), 351(2), 74, 76 and 78 of Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS'), is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhitak, 2023 (for short 'BNSS') seeking anticipatory bail. 2. Heard the learned counsels for the parties. 3. FIR in Crime No.239/2024 was registered by Srirangapatna Police Station, Mandya for the aforesaid offences - 3 - NC: 2025:KHC:11908 CRL.P No. 1708 of 2025 against petitioner herein based on the first information dated 16.11.2024 received from respondent No.2 herein. Apprehending the arrest in the said case, petitioner had filed Crl.Misc.No.5377/2024 before the jurisdictional Sessions Court, which was rejected on 02.12.2024. Therefore, he is before this Court and accordingly, prays to allow the petition. 4. Per contra, learned High Court Government Pleader who has opposed the petition does not dispute the submissions made by learned counsel for the petitioner. 5. Perusal of material on record would go to show that petitioner and victim lady aged about 24 years are acquainted to each other and they also had money transaction in between them. In respect of the alleged incident that had taken place on 14.11.2024, belatedly the first information is submitted on 16.11.2024, about two days after the alleged date of incident. Though, offence punishable under Section 119 of BNS, 2023 is invoked in the present case, wound certificate of the victim girl would suggest, she had suffered only a simple injury in the incident in question. Undisputedly, petitioner has no other criminal antecedent. He has undertaken to co-operate with the - 4 - NC: 2025:KHC:11908 CRL.P No. 1708 of 2025 police for the purpose of investigation. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively. 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 petitioner in the event of his arrest in Crime No.239/2024 registered by Srirangapatna police station for the offences punishable under Sections 115(2), 119, 128(b), 351(2), 74, 76 and 78 of Bharatiya Nyaya Sanhita the BNS, 2023, subject to the following conditions: 1. The Petitioner 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/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 5 - NC: 2025:KHC:11908 CRL.P No. 1708 of 2025 3. 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. 4. The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE BH List No.: 1 Sl No.: 41