- 1 - NC: 2025:KHC:9813 CRL.P No.1888/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.1888/2025 BETWEEN: SHIVAKUMAR .N S/O NANJUNDAIAH AGED ABOUT 35 YEARS, MADDUR VILLAGE, SANTHEMARALLI HOBLI YELANDUR TALUK, CHAMARAJANAGAR 571127. …PETITIONER (BY SRI. SHARATH J.M. ADV.,) AND: 1. STATE OF KARNATAKA BY CHAMARAJANAGAR WOMEN POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING AT BENGALURU -560001. …RESPONDENT (BY SRI. K. NAGESHAWARAPPA, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.P.C. (FILED U/S 482 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN THE EVENT OF HIS ARREST WHO IS THE ACCUSED IN CR.NO.01/2025 ON THE FILE OF RESPONDENT CHAMARAJANAGAR WOMEN POLICE NOW PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (SR.DN) AND C.J.M FOR THE OFFENCE P/U/S 74, 75, 78, 115(2), 352, 351(3) OF BNS 2023. Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9813 CRL.P No.1888/2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.1/2025 registered by Chamrajanagar Women Police Station, Chamarajanagara, for the offences punishable under Sections 74, 75, 78, 115(2), 352, 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023, is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.1/2025 was registered by Chamrajanagar Women Police Station, Chamrajanagar, against the petitioner herein for the aforesaid offences based on the first information dated 11.01.2025 received from the victim lady aged about 35 years. Apprehending arrest in the said case, petitioner has filed Crl.Misc.No.22/2025 before the jurisdictional Sessions - 3 - NC: 2025:KHC:9813 CRL.P No.1888/2025 Court, which was rejected on 28.01.2025. Therefore, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that the petitioner and the victim lady, who is a widow, are acquainted to each other for the past three years and there is a continuous exchange of messages between them in WhatsApp. He submits that there is a financial transaction between the petitioner and the victim lady and only for the said reason, she has filed a false criminal case against the petitioner. The petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. Perusal of the material on record would go to show that the first informant is a widow aged about 35 years. The allegation against the petitioner in the first information is that he has been pestering her to love him and he was demanding her to have sex with him and when - 4 - NC: 2025:KHC:9813 CRL.P No.1888/2025 she had refused for the same, he allegedly has threatened her with dire consequence to her life and on 11.01.2025 he had come to the place where the victim was working and after catching hold of her hand, he had assaulted her on her cheek and it is in this background the alleged victim had approached the police. 7. The maximum punishment for the alleged offence is imprisonment for a period of five (05) years and undisputedly, the petitioner has no other criminal antecedents. Considering the aforesaid aspects of the matter and also having regard to the nature of allegations made in the first information, I am of the opinion that the prayer made by the petitioner, who has undertaken to cooperate with the police for investigation, needs to be granted. 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 - 5 - NC: 2025:KHC:9813 CRL.P No.1888/2025 No.1/2025 registered by Chamrajanagar Women Police Station, Chamarajanagara, for the offences punishable under Sections 74, 75, 78, 115(2), 352, 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions: i. 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. ii. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. 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. - 6 - NC: 2025:KHC:9813 CRL.P No.1888/2025 iv. The petitioner shall not involve in similar offences in future. Sd/- (S. VISHWAJITH SHETTY) JUDGE BSR List No.: 1 Sl No.: 64