- 1 - NC: 2025:KHC:11207 CRL.P No. 3216 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. 3216 OF 2025 BETWEEN: MUHAMMED SHAKEER S/O HAMAD BAVA AGED ABOUT 26 YEARS RESIDING AT DOOR NO.5-225G BADDAKATTE HOUSE, BANTWAL KASBA VILLAGLE, BANTWAL TALUK D.K. - 574 211. …PETITIONER (BY SRI RAJESH RAO K, ADV.) AND: THE STATE BY MANGALORE WOMEN'S P.S, REPRESENTED BY, THE S.P.P, HIGH COURT OF KARNATAKA, 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 ENLARGE THE ABOVE PETITIONER/ACCUSED NO.1ON ANTICIPATORY BAIL IN CONNECTION WITH THE CR.NO.112/2024, REGISTERED BY THE MANGALORE WOMENS P.S. FOR THE OFFENCE P/U/S84,74,352,351(2),3(5)OF BNS AND SEC.3,4 OF THE D.PACT 1961 AND U/S 4 OF THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT 2019 PENDING ON THE FILE OF III J.M.F.C COURT AT MANGALURU. 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:11207 CRL.P No. 3216 of 2025 ORAL ORDER 1. Accused no.1 in Crime No.112/2024 registered by Mangalore Women Police Station, Mangaluru City, for the offences punishable under Sections 84, 74, 352, 351(2), 3(5) of BNS, 2023, Sections 3 & 4 of Dowry Prohibition Act, 1961, and Section 4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Learned Counsel for the petitioner submits that the offence punishable under Section 74 of BNS, 2023, could not have been invoked in the present case. The maximum punishment for the other alleged offences is imprisonment for a period of three years. Only after a matrimonial dispute arose between the parties, the first informant has submitted a false complaint making baseless and omnibus allegations against the petitioner and his family members. 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 allegation in the first information is that after the marriage, - 3 - NC: 2025:KHC:11207 CRL.P No. 3216 of 2025 accused no.1 who is the husband of the first informant, and his relatives were ill-treating the first informant and were also asking her to give divorce. It is further alleged that on 14.09.2024, accused no.1 allegedly gave Talak to the first informant and sent her to her parents house. Subsequently, on 24.10.2024, the first informant has approached the police and submitted the first information, based on which, FIR in Crime No.112/2024 is registered against her husband and his family members. Perusal of the FIR would go to show that general and omnibus allegations are made against all the accused persons. Undisputedly, petitioner does not have criminal antecedents. The alleged offences are triable by court of Magistrate and the maximum punishment for the said alleged offences is imprisonment for a period of five 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 is required 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.112/2024 - 4 - NC: 2025:KHC:11207 CRL.P No. 3216 of 2025 registered by Mangalore Women Police Station, Mangaluru City, for the offences punishable under Sections 84, 74, 352, 351(2), 3(5) of BNS, 2023, Sections 3 & 4 of Dowry Prohibition Act, 1961, and Section 4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, 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 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