- 1 - NC: 2025:KHC:11205 CRL.P No. 3221 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. 3221 OF 2025 BETWEEN: MR. SUMITH S. SUVARNA S/O SURESH S. SUVARNA AGED ABOUT 27 YEARS R/AT 4-155-3D, PERANGADI ROAD, RATHNA NILAYA KARKALA, UDUPI - 574 122. …PETITIONER (BY SRI ASHWIN JOYSTON KUTINHA, ADV.) AND: STATE OF KARNATAKA THROUGH KUNDAPURA POLICE STATION, UDUPI DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN CR.NO.08/2025 OF KUNDAPURA POLICE STATION FOR THE OFFENCE P/U/S 85, 115(2), 118(1), 352, 351(2), 3(5) OF BNS, 2023 AND SEC. 3 AND 4 OF D.P. ACT, 1961 PENDING ON THE FILE OF THE HONBLE I ADDL. CIVIL JUDGE (JR.DN.) AND JMFC, KUNDAPURA, UDUPI DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:11205 CRL.P No. 3221 of 2025 ORAL ORDER 1. Accused no.1 in Crime No.8/2025 registered by Kundapura Police Station, Udupi District, for the offences punishable under Sections 85, 115(2), 118(1), 352, 351(2), 3(5) of BNS, 2023, and Sections 3 & 4 of Dowry Prohibition Act, 1961, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Learned Counsel for the petitioner submits that the alleged offences are triable by the Court of Magistrate and the maximum punishment for the said alleged offences is imprisonment for a period of three years. Petitioner has no criminal antecedents. He has undertaken to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 3. Per contra, learned HCGP has opposed the petition. 4. Perusal of the material on record would go to show that the first informant has approached the police on 30.01.2025 and the last alleged incident had taken place on 12.08.2024. There is no proper explanation for the delay caused in approaching the police. Sweeping and general allegations are - 3 - NC: 2025:KHC:11205 CRL.P No. 3221 of 2025 made by the first informant against her husband and his family members in the first information. Undisputedly, petitioner has no criminal antecedents. The alleged offences are triable by the court of Magistrate and the maximum punishment for the said alleged offences is imprisonment for a period of three years. Petitioner has undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail requires to be answered affirmatively. Accordingly, the following order: 5. 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.8/2025 registered by Kundapura Police Station, Udupi District, for the offences punishable under Sections 85, 115(2), 118(1), 352, 351(2), 3(5) of BNS, 2023, and Sections 3 & 4 of Dowry Prohibition Act, 1961, 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 - 4 - NC: 2025:KHC:11205 CRL.P No. 3221 of 2025 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 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 KK