Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 24831 (KAR)

SRI HALLIKESH H N v. STATE OF KARNATAKA

CRL.P/5987/2025 · 2025-04-26

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:17313 CRL.P No. 5987 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. 5987 OF 2025 BETWEEN: SRI. HALLIKESH H. N., S/O. H.K.NARASIMHEGOWDA, AGED ABOUT 37 YEARS, R/AT B HOSAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK, GOPALPURA - 571 402. …PETITIONER (BY MS. VIDYA R. GOWDA, ADVOCATE FOR SRI. SHARATH GOWDA G. B., ADVOCATE) AND: STATE OF KARNATAKA BY MANDYA WOMEN POLICE STATION, MANDYA - 571 402. REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 01 …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN CR.NO.22/2025 REGISTERED BY THE RESPONDENT POLICE FOR THE OFFENCE P/U/S 189(2),85,54,352,115(2),74,76,351(2),190 OF BNS 2023 R/W SEC.3,4 OF THE D.P ACT 1961 BY ARRAYING THE PETITIONER AS ACCSUED NO.1. Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17313 CRL.P No. 5987 of 2025 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.22/2025 registered by Mandya Women Police Station, Mandya District, for the offences punishable under Sections 189(2), 85, 54, 352, 115(2), 74, 76, 351(2), 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and Section 3 and 4 of the Dowry Prohibition Act, 1961, 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.22/2025 was registered by Mandya Women Police Station, Mandya District for the aforesaid offences against the petitioner and six others, based on the first information dated 06.03.2025 received from Kavithashree M.S., who is the wife of the petitioner herein. Apprehending arrest in the case, he had filed Crl.Misc.No.208/2025, which was rejected by the Jurisdictional Sessions Court on 03.04.2025. Therefore, the petitioner is before this Court. - 3 - NC: 2025:KHC:17313 CRL.P No. 5987 of 2025 4. Perusal of the material on record would go to show that petitioner's marriage with the first informant was performed on 14.11.2013 and the said marriage is a love marriage. It appears that from the wedlock, the couple have a son aged about 10 years. The relationship between the petitioner and his wife got strained subsequently and it is in this background, legal notice was issued on behalf of the petitioner to the first informant on 04.03.2025. Prior to issuance of said legal notice, petitioner also had made a complaint against his wife to the police on 04.03.2025. It is only thereafter, the first informant wife had approached the police on 06.03.2025. Undisputedly, the petitioner has no criminal antecedent. The alleged offences are triable by the Court of Magistrate and maximum punishment for the same is imprisonment for a period of seven years. Petitioner has undertaken to co-operate with the police for the further investigation. 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:- - 4 - NC: 2025:KHC:17313 CRL.P No. 5987 of 2025 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.22/2025 registered by Mandya Women Police Station, Mandya District, for the offences punishable under Sections 189(2), 85, 54, 352, 115(2), 74, 76, 351(2), 190 of the BNS, 2023 and Section 3 and 4 of the Dowry Prohibition Act, 1961, 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 - 5 - NC: 2025:KHC:17313 CRL.P No. 5987 of 2025 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.: 14