- 1 - HC-KAR NC: 2025:KHC:19329 CRL.P No. 6673 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6673 OF 2025 BETWEEN: DINESH L HEGDE S/O LATE LAKSHMINARAYANAHEGDE AGED ABOUT 64 YEARS R/AT 14TH CROSS, SIT EXTENSION NANDEESH LAYOUT, TUMAKURU CITY. …PETITIONER (BY SRI C.S. MADHU, ADV.) AND: STATE OF KARNATAKA BY WOMEN POLICE STATION TUMAKUR SUB DIVISION TUMKUR, REP BY THE SPP HIGH COURT OF KARNATAKA AT BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS APPLICATION AND DIRECT THE RESPONDENT POLICE THAT THIS PETITIONER BE RELEASED ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.038/2025 OF WOMEN POLICE STATION, TUMKUR FOR AN OFFENCES P/U/S 85, 109, 118(1), 351(2), 3(5) OF BNS, 2023, ON SUCH TERMS AND CONDITIONS AS DEEMED FIT. 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 M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19329 CRL.P No. 6673 of 2025 ORAL ORDER Accused No.1 in Crime No.38/2025 registered by Tumakuru Women Police Station, Tumakuru District for the offences punishable under Sections 85, 109, 118(1), 351(2) & 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.38/2025 was registered by Tumakuru Women Police Station, Tumakuru District against the petitioner herein and another on the basis of first information dated 26.03.2025 received from Smt. Savitri B Thodakar, who is the wife of the petitioner herein. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.490/2025, which was rejected on 11.04.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that - 3 - HC-KAR NC: 2025:KHC:19329 CRL.P No. 6673 of 2025 the marriage of the petitioner with the first information was solemnized in the year 1987. Since their relationship got strained she has filed a false complaint against the petitioner. The first informant has not suffered any injury in the incident in question. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the bail petition however, she submits that after completing investigation charge sheet has been filed in the present case and the offence punishable under Section 109 of BNS, 2023 has been dropped in the charge sheet. Accordingly, she prays to dismiss the petition. 6. Perusal of the material on record would go to show that, marriage of the petitioner with the first informant was solemnized on 18.06.1987 , The allegation now made against the petitioner is that he had illicit relationship with accused No.2 and when the same was questioned by the first informant on 12.08.2024, the petitioner allegedly assaulted her and tried to murder her - 4 - HC-KAR NC: 2025:KHC:19329 CRL.P No. 6673 of 2025 by strangulating her neck. It is further alleged that on 16.03.2025, the petitioner after quarreling with the first informant had assaulted her with a wooden club and immediately the first informant called the police, who had rescued her and thereafter she had gone to the hospital and taken treatment for her injury. 7. According to the complaint averments, the police had rescued the first informant immediately after the incident dated 16.03.2025 had taken place. However, the first information is belatedly filed after lapse of ten days from the alleged date of incident. The wound certificate issued to the first informant would go to show that, she has not suffered any external injury on her body and only tenderness was found on her right shoulder. Further perusal of the said wound certificate would also go to show that, there is an over writing with regard to the date of incident and therefore a doubt arises with regard to genuineness of the wound certificate. Undisputedly, in the charge sheet which is now filed against the petitioner - 5 - HC-KAR NC: 2025:KHC:19329 CRL.P No. 6673 of 2025 the offence punishable under Section 109 of BNS, 2023 has been dropped. 8. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer of the petitioner who is aged about 64 years for grant of anticipatory bail is required to be answered affirmatively. 9. 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.38/2025 registered by Tumakuru Women Police Station, Tumakuru District for the offences punishable under Sections 85, 109, 118(1), 351(2) & 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 - 6 - HC-KAR NC: 2025:KHC:19329 CRL.P No. 6673 of 2025 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