- 1 - NC: 2025:KHC:15677 CRL.P No. 4666 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4666 OF 2025 BETWEEN: RANGAPPA S/O OBAPPA AGED ABOUT 38 YEARS, OCC: AGRICULTURE R/AT MAGADI VILLAGE, JAGALURU TALUKU, DAVANAGERE - 577 528 …PETITIONER (BY SMT. SARAVAMANGALA CHIKKANAGOWDA FOR SRI. HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE) AND: STATE OF KARNATAKA BY PSI, BILLCHODU POLICE STATION. DAVANAGERE - 577 553 REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001 …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (482 OF BNSS) PRAYING TO GRANT THE ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF ARREST OF THEM FROM THE RESPONDENT BILICHODU POLICE, DAVANAGERE IN CRIME NO.20/205 ON THE FILE OF LEARNED PRINCIPAL (SR.DN.) CIVIL JUDGE AND CJM COURT AT JAGALURU, DAVANAGERE, FOR THE OFFENCES P/U/S. 108, 115(2), 118(1), 3(5), 54 OF BNS 2023, ON SUCH TERMS AND CONDITIONS Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:15677 CRL.P No. 4666 of 2025 AS DEEMED FIT UNDER THE FATS AND CIRCUMSTANCES OF THE CASE. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in Crime No.20/2025 registered by Billchodu Police Station, Davanagere, for offences punishable under Sections 108, 115(2), 118(1), 3(5) and 54 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.20/2025 was registered by Billchodu Police Station, Davanagere, for the aforesaid offences against Obappa and others on the basis of the first information dated 20.02.2025 received from Smt.Basantha w/o deceased Shivu @ Shivanna. Apprehending arrest in the said case, petitioner who is arrayed as accused No.2 in the FIR had filed Crl.Misc.No.236/2025 before the Jurisdictional Sessions Court - 3 - NC: 2025:KHC:15677 CRL.P No. 4666 of 2025 which was rejected as against accused No.2 on 18.03.2025. Therefore, the petitioner is before this Court. 4. Perusal of the averments found in the first information would go to show that accused Nos.1 to 5 named in the FIR allegedly assaulted the deceased on 19.02.2025 and therefore, the deceased had consumed poison subsequently and committed suicide. Accused Nos. 1 and 3 to 5 as against whom there are allegations of assaulting the deceased have been granted anticipatory bail by the jurisdictional Sessions Court in Crl.Misc.No.236/2025. Accused No.2 has been refused anticipatory bail only for the reason that he allegedly had assaulted the deceased on his private part. FIR is registered for the offence punishable under Section 108 of BNS and allegation of assaulting the deceased is found in the first information as against all the accused persons. Therefore, the learned Sessions Judge was not justified in rejecting the anticipatory bail application of the petitioner while granting anticipatory bail to other accused as against whom similar allegations are found in the first information. Even otherwise material on record prima-facie does not make out a case for offence punishable under section 108 of BNS 2023. Undisputedly, petitioner has no - 4 - NC: 2025:KHC:15677 CRL.P No. 4666 of 2025 criminal antecedents. 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 in the event of his arrest in Crime No.20/2025 registered by Billchodu Police Station, Davanagere, for offences punishable under Sections 108, 115(2), 118(1), 3(5) and 54 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. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 5 - NC: 2025:KHC:15677 CRL.P No. 4666 of 2025 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.: 79