Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:9068 CRL.P No. 2000 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2000 OF 2025 BETWEEN: NAVARAJ S/O JAYANNA S D AGED ABOUT 39 YEARS RA/T SINDIGERE, SINDIGERE POST AND VILLAGE CHIKKAMAGALURU DISTRICT - 577 101. …PETITIONER (BY SRI KUMARA K G.,ADVOCATE) AND:
STATE BY KARNATAKA UDUPI WOMEN POLICE STATION UDUPI - 574 102 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI VINYA MAHADEVAIAH, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.64/2024 OF UDUPI WOMEN POLICE STATION AGAINST PETITIONER FOR OFFENCE U/S 85, 115(2), 127(2), 351(2), 318(2), 352, 3(5) OF BNS, 2023, PENDING ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND ACJM, UDUPI, WITH A DIRECTION TO RELEASE HIM ON BAIL IN THE EVENT OF ARREST IN THE ABOVE CRIME.
Digitally signed by NANDINI MS Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:9068 CRL.P No. 2000 of 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
1. Accused No.1 in Crime No.64/2024 registered by Udupi Women Police Station, Udupi, for the offences punishable under Sections 85, 115(2), 127(2), 351(2), 318(2), 352 and 3(5) of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. Petitioner herein is arraigned as accused No.1 in Crime No.64/2024 registered by Udupi Women Police Station, Udupi, for the aforesaid offences on the basis of the first information dated 14.12.2024 received from Smt. Chaitra, wife of petitioner herein. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.9/2025 before the jurisdictional Sessions Court which was rejected on
27.01.2025. Therefore, he is before this Court. - 3 -
NC: 2025:KHC:9068 CRL.P No. 2000 of 2025
4. The material on record would go to show that petitioner's marriage engagement ceremony with first informant was performed on 23.06.2024. Thereafter, petitioner allegedly had married one Nandini on 29.07.2024 and suppressing the said marriage thereafter, petitioner had allegedly married first informant Chaitra on
05.09.2024. The allegation in the first information is that after marriage, petitioner and other accused persons were ill treating the first informant in her matrimonial home and subsequently, she came to know about the first marriage of the petitioner with Smt. Nandini. It is alleged that petitioner and other accused persons have criminally intimidated the first informant and it is in this background, she had approached the police on 14.12.2024. 5. The records made available to this Court by learned HCGP would go to show that after the marriage of the petitioner with the first informant was performed on 05.09.2024, Smt. Nandini had filed a complaint before the police on 13.09.2024 alleging that petitioner had cheated
- 4 -
NC: 2025:KHC:9068 CRL.P No. 2000 of 2025
her by marrying first informant herein. Thereafter, the first informant herein had also lodged a separate complaint against the petitioner before the police stating that suppressing the first marriage with one Nandini, he had married her on 05.09.2024. Police after considering the allegations found in the first information submitted by Smt. Chaitra had given an endorsement dated 29.11.2024 informing Chaitra that the alleged offences are non cognizable in nature and therefore, she was required to approach the jurisdictional Magistrate seeking permission to register a case.
In the earlier complaint, no allegations which would attract the offence punishable under Section 85 of BNS, 2023 was made. It is only thereafter Chaitra had filed the present complaint making allegations of ill treatment and harassment in her matrimonial house by petitioner and other accused persons. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the alleged offences is imprisonment for a period of seven years. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by
- 5 -
NC: 2025:KHC:9068 CRL.P No. 2000 of 2025
petitioner for anticipatory bail needs to be answered affirmatively. Accordingly, the following order:-
6. 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.64/2024 registered by Udupi Women Police Station, Udupi, for the offences punishable under Sections 85, 115(2), 127(2), 351(2), 318(2), 352 and 3(5) of 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. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate
- 6 -
NC: 2025:KHC:9068 CRL.P No. 2000 of 2025
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
DN