- 1 - NC: 2025:KHC:16135 CRL.P No. 5021 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. 5021 OF 2025 BETWEEN: SHRI MALLIKARJUNAIAH K S/O KARIBASAIAH M.K AGED ABOUT 26 YEARS PRIVATE WORK NOW RESIIDNG AT DYAMESHWARI NILAYA OPP GOVT SCHOOL KADAKATTE BHADRAVATHI - 577 301. …PETITIONER (BY SRI ANANTHAPADMANABHA G.N, ADV.) AND: STATE OF KARNATAKA BY MALURU POLICE STATION MALURU, THIRTHAHALLI, TALUK SHIVAMOGGA DISTRICT REP BY SPP HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.1 WITH A DIRECTION TO THE MALUR POLICE STATION, THIRTHAHALLI TALUK TO ENLARGE HIM ON BAIL IN THE EVENT OF ARREST IN RESPECT OF CRIME NO.10/2025 OF MALUR POLICE STATION REGISTERED ON 23.01.2025 FOR THE OFFENCE P/US/ 85,352,115(2),118(1),351(2) R/W SEC.3(5) OF BNS AND SEC.3,4 OF DP ACT IsT ADDL.CJM AND JMFC COURT THIRTHAHALLI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16135 CRL.P No. 5021 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No10/2025 registered by Malur Police Station, Shivamogga District for the offence punishable under Sections 85, 352, 115(2), 118(1), 351(2) R/w Section 3(5) of BNS, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961 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.10/2025 was registered by Malur Police Station, Shivamogga District for the aforesaid offences against the petitioner herein and others on the basis of first information dated 23.01.2025 submitted by Smt.Sudina S N, who is the wife of the petitioner herein. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.85/2025 before the jurisdictional Sessions Court, which was rejected on 07.02.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:16135 CRL.P No. 5021 of 2025 4. Perusal of the material on record would go to show that, marriage of the petitioner with the first informant was a love marriage. It appears that subsequently, relationship between the couple had got strained and ultimately the petitioner had filed M.C.No.139/2024 before the jurisdictional civil Court against the first informant under Section 13(1)(i-a)(iii) of the Hindu Marriage Act, 1955 seeking decree of divorce to dissolve his marriage with the first informant, which was performed on 27.09.2023. It appears that, only after service of notice in the said matrimonial proceedings, the first informant has approached the police and submitted a first information on 23.01.2025, based on which FIR has been registered against the petitioner and his relatives. 5. Undisputedly, the petitioner has no criminal antecedents and he has undertaken to cooperate with the police for the purpose of investigation . Therefore, I am of the opinion that, the petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. - 4 - NC: 2025:KHC:16135 CRL.P No. 5021 of 2025 6. 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 No10/2025 registered by Malur Police Station, Shivamogga District for the offence punishable under Sections 85, 352, 115(2), 118(1), 351(2) R/w Section 3(5) of BNS, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961 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. - 5 - NC: 2025:KHC:16135 CRL.P No. 5021 of 2025 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