- 1 - NC: 2025:KHC:12860 CRL.P No. 3257 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3257 OF 2025 BETWEEN: MAHABALESHWARA H S/O BALAYYA HOBALIDHAR AGED ABOUT 50 YEARS R/AT 2-214 HOBALIDHAR MANE SOMESHWARA ROAD PADUVARI BYHNDOOR KUNDPAURA TALUK UDUPI DISTRICT - 576 214. …PETITIONER (BY SRI JAYANTHA POOJARY, ADV.) AND: STATE OF KARNATAKA BY STATION HOUE OFFICER BYNDOOR POLICE STAITON KUNDAPURA TALUK, UDUPI DISTRIDT - 576 214, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUIDLING, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (482 OF BNSS) PRAYING TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST IN RESPECT OF CR.NO.16/2025 FOR THE OFFENCE P/U/S. 308(2), 3(5), OF BNS 2023, PENDING BEFORE THE COURT OF CIVIL JUDGE AND JMFC COURT, BAINDURU, 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:12860 CRL.P No. 3257 of 2025 ORAL ORDER Accused No.1 in Crime No.16/2025 registered by Byndoor Police Station, Udupi Taluk for the offence punishable under Section 308(2) R/w 3(5) of BNS, 2023 is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.16/2025 was registered by Byndoor Police Station, Udupi Taluk against the petitioner herein and two others on the basis of first information dated 18.01.2025 received from Sri Nagaboraiah who was working as Sub Registrar at Byndoor, Udupi Taluk. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.532/2025, which was rejected on 11.02.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that accused Nos.2 and 3 who were arrested in the present - 3 - NC: 2025:KHC:12860 CRL.P No. 3257 of 2025 case have been already enlarged on bail by the jurisdictional Sessions Court. There is a inordinate delay in submitting FIR. The petitioner is ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP has opposed the bail petition. She submits the petitioner is a person with criminal antecedents and considering the nature of allegation found against him, his custodial interrogation becomes necessary. Accordingly, she prays to dismiss the petition. 6. Perusal of the averments found in typed first information dated 18.01.2025 submitted by the first informant, who was working as Sub Registrar at Byndoor in Udupi would go to show that, the first informant had gone for a tour along with his staff on 13.09.2024 and it appears that he along with his staff had taken certain photographs. The allegation in the first information is that accused No.1 had edited certain photos of the first - 4 - NC: 2025:KHC:12860 CRL.P No. 3257 of 2025 informant along with his lady staff and thereafter started blackmailing him and a demand was made on 02.10.2024 for payment of money. 7. It is further alleged that on 08.11.2024, accused No.2 came to the office of the first informant and made a demand threatening to circulate his obscene photos and videos. It is also alleged that even accused No.3 had made a demand with similar threat. It appears that subsequently a news article was published in a newspaper known as 'Police Patrike', which involved the photos of first informant and his staff member and only thereafter first informant had approached the police. Though the alleged demand was made by the petitioner in the month of October, 2024 itself, first informant has belatedly submitted FIR in the month of January, 2025. 8. The allegation of approaching the first informant in his office with demand for payment of money is as against accused Nos.2 and 3. Accused Nos.2 and 3 who were arrested in the present case are already - 5 - NC: 2025:KHC:12860 CRL.P No. 3257 of 2025 enlarged on bail by the jurisdictional Court. The maximum punishment for the alleged offence is imprisonment for a period of seven years. Two cases were registered against the petitioner in the year 2011 and 2014 and there are no serious allegation in the said two cases as against the petitioner. The petitioner has undertaken to cooperate with the police for the purpose of investigation. 9. Considering the aforesaid aspects of the matter and also the nature of allegation found against the petitioner in the first information which is belatedly filed, I am of the opinion that, petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. 10. Accordingly, the following: ORDER The Criminal 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.16/2025 registered by Byndoor Police Station, Udupi Taluk for the offence - 6 - NC: 2025:KHC:12860 CRL.P No. 3257 of 2025 punishable under Section 308(2) R/w 3(5) of BNS, 2023 subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The 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 NMS