- 1 - NC: 2025:KHC:17316 CRL.P No. 5974 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5974 OF 2025 BETWEEN: MR. SEEMANTHAKUMARA M., (IN FIR INITIAL NOT SHOWN) SON OF MALLIKARJUNA, AGED ABOUT 36 YEARS, RESIDING AT PURIGALI VILLAGE, B.G.PURA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 430. …PETITIONER (BY SRI. SHANKAR H. S., ADVOCATE) AND: STATE OF KARNATAKA BY MANDYA WOMEN POLICE STATION REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SMT. WAHEEDA M.H., HCGP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER/ ACCUSED -1 ON ANTICIPATORY BAIL IN CR.NO.25/2025 OF MANDYA WOMEN P.S. FOR THE ALLEGED OFFENCE P/U/S 85,54,352,115(2),351(2),3(5/0 OF BNS PENDING ON THE FILE Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17316 CRL.P No. 5974 of 2025 OF THE HONBLE PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT MADDUR, MANDYA DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.25/2025 registered by Mandya Woman Police Station, Mandya District, for the offences punishable under Sections 85, 54, 352, 115(2), 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking anticipatory bail. 2. Heard the learned counsels for the parties. 3. FIR in Crime No.25/2025 was registered by Mandya Women Police Station, Mandya District against the petitioner and others for the aforesaid offences, based on the first information dated 11.03.2025 received from Mamatha.M, who is the wife of the petitioner. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.225/2025, which was rejected - 3 - NC: 2025:KHC:17316 CRL.P No. 5974 of 2025 by the Jurisdictional Sessions Court by order dated 09.04.2025 as against him. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that marriage of the petitioner with the victim was solemnized on 05.08.2019. The allegation in the first information is that after marriage, the petitioner was ill-treating his wife in his house. It is also alleged that petitioner used to consume alcohol regularly. He was also not providing money for the daily expenses in the house. The first informant wife therefore had left the company of the petitioner on 08.12.2024 and had taken shelter in her parents house. The allegation in the first information is that on 10.03.2025, when she had gone near the house of the petitioner, the petitioner and other accused persons, who are his relatives had not allowed her to enter the house, abused and assaulted her. Undisputedly, the first informant has not suffered any grievous injury in the alleged incident that had taken place on 10.03.2025. The material on record would go to show that she had already left the company of the petitioner on 08.12.2024 and had taken shelter in her parents house. Undisputedly, the petitioner has no other criminal antecedent. It appears that there is a strained - 4 - NC: 2025:KHC:17316 CRL.P No. 5974 of 2025 relationship between the husband and wife in the present case. The petitioner who is a agriculturist has undertaken to cooperate with the police for further investigation. The alleged offences are triable by the Court of Magistrate and maximum punishment for the same is imprisonment for a period of seven years. Under such circumstances, I am of the opinion that the prayer made by the petitioner herein 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.25/2025 registered by Mandya Woman Police Station, Mandya District, for the offences punishable under Sections 85, 54, 352, 115(2), 351(2), 3(5) of the BNS, 2023, 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. - 5 - NC: 2025:KHC:17316 CRL.P No. 5974 of 2025 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 BH List No.: 2 Sl No.: 12