- 1 - NC: 2025:KHC:10601 CRL.P No. 2060 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2060 OF 2025 BETWEEN: SANTHOSH KUMAR D, S/O, DHANASHEKAR, AGED ABOUT 31 YEARS, RESIDING AT NO. 152, 12TH 'A' CROSS, MARIYAPPAN PALYA, BANGALORE - 560 021 …PETITIONER (BY MISS. PREETHA .M., ADVOCATE FOR SRI. SANTOSHRAJ C DESHAMUKH, ADVOCATE) AND: STATE OF KARNATAKA THROUGH KENGERI POLICE STATION, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.395/2024 OF KENGERI POLICE, PENDING BEFORE THE 46TH ADDL. CMM COURT, FOR OFFENCES P/U/S 108 OF BNS. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:10601 CRL.P No. 2060 of 2025 ORAL ORDER Accused in Crime No.395/2024 registered by Kengeri Police Station, Bengaluru pending before the learned 46th Additional CMM Court, Bengaluru, for the offences punishable under Sections 108 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking anticipatory bail. 2. Heard the learned counsels for the parties. 3. FIR in Crime No.395/2024 was registered by Kengeri Police Station, Bengaluru for the aforesaid offence against the petitioner herein on the basis of the first information dated 03.08.2024 received from Smt. Jayamma, mother of the deceased - Smt. Prithvidevi I.T. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.75/2015 before the Jurisdictional Sessions Court which was rejected on 22.01.2025. Therefore, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that marriage of the petitioner with the deceased has been dissolved by decree of divorce by mutual consent on 14.03.2024 itself. Subsequently, deceased has committed suicide on 03.08.2024. - 3 - NC: 2025:KHC:10601 CRL.P No. 2060 of 2025 False allegations are made in the first information. Accordingly, he prays to allow the petition. 5. Per contra learned High Court Government Pleader opposed the petition. However, he does not dispute the fact that marriage of the petitioner with the deceased was already dissolved. 6. In the first information submitted by the mother of the deceased, she has alleged that, marriage of the petitioner with her daughter Prithvidevi I.T was performed on 02.02.2017 and after marriage, petitioner was not properly taking care of his wife and he was ill-treating her in the matrimonial house, She has also stated that petitioner was demanding divorce from her daughter and in furtherance of such demand, he was ill- treating her daughter. She has also alleged that it is in this background her daughter has committed suicide on 03.08.2024 at about 6.00 pm in her house. 7. The petitioner has produced material before this Court which would prima facie show that, marriage of the petitioner with the deceased Smt. Prithvidevi I.T was dissolved after dispute between the couple was settled before the Mediation Centre, Bengaluru and based on the settlement - 4 - NC: 2025:KHC:10601 CRL.P No. 2060 of 2025 report received from the Mediation Centre, Bengaluru, marriage of the petitioner with Smt. Prithvidevi I.T was dissolved by judgment and decree dated 14.03.2024 passed in M.C.No.1200/2024 by the IV Additional Principal Judge, Family Court, Bengaluru. Considering the aforesaid aspects of the matter, 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's in the event of their arrest in Crime No.395/2024 registered by Kengeri Police Station, pending before the learned 46th Additional CMM Court, Bengaluru, for the offences punishable under Sections 108 of BNS, 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. - 5 - NC: 2025:KHC:10601 CRL.P No. 2060 of 2025 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 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 SPV List No.: 1 Sl No.: 53