- 1 - NC: 2025:KHC:11088 CRL.P No. 2076 of 2025 C/W CRL.P No. 2089 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2076 OF 2025 C/W CRIMINAL PETITION NO. 2089 OF 2025 IN CRL.P No. 2076/2025 BETWEEN: MR.JAYAPRAKASH S/O PURUSHOTHAMA SAJANKABETTU, AGED ABOUT 49 YEARS R/AT 2-51, SAJANKABETTU HOUSE, BANTWAL TALUK, D.K.- 574 211 …PETITIONER (BY SRI.ASHWIN JOYSTON KUTINHA, ADVOCATE FOR SRI.VIKRM RAJ A., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH VITTLA POLICE STATION, DAKSHINA KANNADA DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU-560 001 2. MRS. SHALINI, AGED ABOUT 29 YEARS, W/O DINESH KUMAR, R/AT 2-28(1), DURGANAGARA HOUSE, BANTWAL TALUK, D.K.- 574 243 …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1 R2- DELETED) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11088 CRL.P No. 2076 of 2025 C/W CRL.P No. 2089 of 2025 THIS CRL.P FILED U/S 438 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.01/2025 OF VITTLA POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 85, 79, 115(2), 352, 351(2), 3(5) OF BHARATHIYA NYAYA SANHITHA - 2023 PENDING ON THE FILE OF THE HONBLE ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC, BANTWALA, DAKSHINA KANNADA. IN CRL.P NO. 2089/2025 BETWEEN: MR.DINESH KUMAR S/O BABU MOOLYA, AGED ABOUT 29 YEARS R/AT 2-28(1), DURGANAGARA HOUSE, BANTWAL TALUK, D.K.- 574 243 ...PETITIONER (BY SRI.ASHWIN JOYSTON KUTINHA, ADVOCATE FOR SRI.VIKRM RAJ A., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH VITTLA POLICE STATION, DAKSHINA KANNADA DISTRICT. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU-560 001 2. MRS. SHALINI, AGED ABOUT 29 YEARS, W/O DINESH KUMAR, R/AT 2-28(1), DURGANAGARA HOUSE, BANTWAL TALUK, D.K.- 574 243 ...RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1 R2- DELETED) THIS CRL.P FILED U/S 438 CR.P.C (U/S 482 BNSS), PRAYING TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN CR.NO.1/2025 OF VITTLA P.S., FOR THE OFFENCES P/U/S 85, 79, 115(2), 352, 351(2), 3(5) OF BNS, 2023, PENDING ON THE FILE OF THE HONBLE ADDITIONAL CIVIL JUDGE AND JMFC, BANTWALA, D.K. - 3 - NC: 2025:KHC:11088 CRL.P No. 2076 of 2025 C/W CRL.P No. 2089 of 2025 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 4 in Crime No.01/2025 registered by Vitla Police Station, Dakshina Kannada for the offences punishable under Section 85, 79, 115(2), 352, 351(2), 3(5) of BNSS, 2003 are before this Court in these two petitions filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.01/2025 was registered by Vitla Police Station, Dakshina Kannada District for the aforesaid offences against Dinesh Kumar and 4 others, on the basis of the first information dated 02.01.2025 submitted by Smt. Shalini, who is the wife of accused No.1 Dinesh Kumar. Apprehending arrest in the case, the petitioners herein had filed Crl.Misc.No.28/225 and Crl.Misc.No.30/2025 before the jurisdictional sessions Court which was rejected. Therefore, they are before this Court. - 4 - NC: 2025:KHC:11088 CRL.P No. 2076 of 2025 C/W CRL.P No. 2089 of 2025 4. Learned counsel for the petitioners submits that the accused No.2, 3 and 5 have been granted anticipatory bail by the jurisdictional Sessions Court. The alleged offences are triable by the Court of the Magistrate and maximum punishment for the said offences is imprisonment for a period of 3 years. Petitioners are ready and willing to cooperate with the police. Accordingly, they pray to allow the petitions. 5. Per contra, learned HCGP has opposed the petitions. 6. Perusal of the material on record before the Court shows that the marriage of the first informant with the accused No.1 Dinesh Kumar was solemnized on 30.04.2023. Allegation against the accused No.1 is that he had illicit relationship with another lady and this was suppressed at the time of marriage and when the same was questioned by the first informant, accused No.1 allegedly had abused and assaulted her. It is also alleged that the accused persons were demanding divorce from the first informant and they were criminally intimidating her. It is further alleged that after the accused persons came to know that the first informant was pregnant, she was made to drink papaya juice and they also assaulted her. It is further alleged - 5 - NC: 2025:KHC:11088 CRL.P No. 2076 of 2025 C/W CRL.P No. 2089 of 2025 that on 31.12.2024, the accused persons took her to the office of an advocate and forced her to sign divorce papers. First informant allegedly escaped from the office of the advocate and thereafter, has taken treatment in a hospital. 6. Accused Nos.2, 3 and 5 are granted anticipatory bail by the Sessions Court. The alleged offences for which FIR has been registered in the present case are triable in the Court of Magistrate and the maximum punishment for the said offences is imprisonment for a period 3 years. It is submitted that the petitioners will cooperate with the investigation. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petitions are allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.01/2025 registered by Vitla Police Station, Dakshina Kannada, Mangaluru District, for the offences - 6 - NC: 2025:KHC:11088 CRL.P No. 2076 of 2025 C/W CRL.P No. 2089 of 2025 punishable under Section 85, 79, 115(2), 352, 351(2), 3(5) of BNSS, 2003, subject to the following conditions: a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the investigating officer within fifteen days from today; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. SD/- (S VISHWAJITH SHETTY) JUDGE BN/List No.: 1 Sl No.: 48