- 1 - HC-KAR NC: 2025:KHC:21554 CRL.P No. 6846 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6846 OF 2025 BETWEEN: SHAMBHAV JITENDRA CHAUHAN AGED ABOUT 37 YEARS S.O SHRI.JITENDRA CHIMANLAL CHAUHAN RESIDING AT 7/A, GALA AURAM MUMATPURA, S G HIGHWAY AHMEDABAD - 380 058, GUJARAT, INDIA. …PETITIONER (BY SRI PRANAV VENKAT VISHWANATH, ACCIDENT., FOR SRI SHRAVANTH ARYA TANDRA, ADV.) AND: STATA BY BELLANDUR POLICE STATION MARATHAHALLI SUB-DIVISION 37, SARJAPUR-MARATHAHALLI ROAD AMBLIPURA, PWD QUARTERS, 1ST SECTOR BELLANDUR, BENGALURU - 560 103. KARNATAKA, INDIA, REPRESENTED BY ITS THROUGH PUBLIC PROSECUTOR. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP FOR SRI MURTUZA ALI BAIG, ADV.) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 14.03.2025 IN CRIMINAL MISCELLANEOUS PETITION NO.1118/2025 ON THE FILE OF THE XLV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU CITY (CCH-46) (ANNEXURE-A) AND DIRECT THE STATE BY BELLANDUR POLICE STATION, MARATHAHALLI SUB-DIVION, 37, SARJAPUR-MARATHAHALLI ROAD, AMBLIPURA, PWD QUARTERS, 1ST SECTOR, BELLANDURU, BENGALURU-560103, KARNATAKA, INDIA TO ENLARGE THE PETITIONER MR.SHAMBHAV JITENDRA CHAUHAN ON BAIL IN THE EVENT OF HIS ARREST IN THE PROCEEDINGS CRIME Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21554 CRL.P No. 6846 of 2025 NO.63/2025 ARISING OUT OF PCR 15492/2024 FOR THE O/U/S 82, SECTION 316(2) SECTION 318 AND SECTION 61 OF THE BNS, 2023 PENDING ON THE FILES OF THE III ADDITIONAL CHIEF JUDICIAL MAGISTRATE, NRUPATUNGA ROAD, BANGALORE CITY AFTER TAKING SUFFICIENT SURETY OR SURETIES IN THE ENDS OF JUSTICE. 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 in Crime No.63/2025 registered by Bellanduru Police Station, Bengaluru City for the offences punishable under Sections 61, 82, 316(2) and 318 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.63/2025 was registered by Bellanduru Police Station, Bengaluru City against the petitioner herein for the aforesaid offences on the basis of private complaint in PCR No.15492/2024 filed by Smt. Sheethal Sawarthia, wife the petitioner before the jurisdictional Court of Magistrate at Bengaluru. - 3 - HC-KAR NC: 2025:KHC:21554 CRL.P No. 6846 of 2025 Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.1118/2025, which was rejected on 14.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the defacto complainant had earlier filed a criminal case against the petitioner herein and his parents, in Crime No.188/2023 before Bellanduru Police Station, for the offences punishable under Sections 498A, 506 R/w 34 of IPC and Sections 3 and 4 of D.P. Act. The petitioner is on bail in the said case. The said FIR has been quashed as against accused Nos.2 to 4 and only the petitioner is being now tried in the said case. It is only thereafter for extraneous reasons, the present criminal case is initiated making false allegation against the petitioner. Insofar as the offence punishable under Section 82 of BNS, 2023 is concerned, the same is bailable offences and there are no necessary ingredients so as to invoke offence punishable under Sections 316(2) and 318 of BNS, 2023 in the present case. The petitioner is ready and willing to - 4 - HC-KAR NC: 2025:KHC:21554 CRL.P No. 6846 of 2025 cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP and learned counsel appearing for defacto complainant have opposed the bail petition. They submit that, the petitioner, who is a divorcee had married the defacto complainant and thereafter he has now married a third lady, who is arraigned as accused No.2, in the present case. They submit that a child is born to accused Nos.1 and 2 in the present case, which clearly goes to show that, the petitioner has married accused No.2. Considering the nature of allegation found in the complaint and since the petitioner is holding articles and valuables of the defacto complainant worth more than five crores, his custodial interrogation in the present case is required. Accordingly, they pray to dismiss the petition. 6. Perusal of the material on record would go to show that, the marriage of the petitioner with the defacto complainant was solemnized on 06.07.2019. It appears - 5 - HC-KAR NC: 2025:KHC:21554 CRL.P No. 6846 of 2025 that, subsequently there was certain dispute between the parties and they started living separately since the year 2023. FIR in Crime No.188/2023 was registered by Bellanduru Police Station against the petitioner and his parents for the offences punishable under Sections 498A, 506 R/w 34 of IPC and Sections 3 and 4 of D.P. Act, based on the first information submitted by the defacto complainant. The proceedings in Crime No.188/2023 has been quashed as against all other accused except the petitioner herein in Crl.P.No.8837/2023 C/w 9903/2023 disposed of on 13.09.2024. After disposal of aforesaid criminal petitions, the defacto complainant has filed a private complaint in PCR No.15492/2024 before the jurisdictional Magistrate once again against the petitioner and his parents, who are arraigned as accused Nos.3 and 4 in the complaint. 7. In the complaint, now filed it is alleged that, the petitioner has married accused No.2 named in the complaint and from their wedlock, they have got a child. - 6 - HC-KAR NC: 2025:KHC:21554 CRL.P No. 6846 of 2025 Though such an allegation is made in the private complaint, no prima-facie material has been produced to substantiate such an allegation. Even otherwise, the offence punishable under Section 82 of BNS, 2023 is bailable offence. Insofar as the offences punishable under Section 316(2) & 318 of BNS, 2023 is concerned, there was no such allegation made in the earlier criminal case, which was registered by Bellanduru Police Station in Crime No.188/2023. 8. Undisputedly, the petitioner and the defacto complainant are residing separately, after registration of Crime No.188/2023. Necessary ingredients so as to invoke offence punishable under Sections 316(2) and 318 of BNS, 2023 is absent in the present case. The said offences are triable by the Court of Magistrate and maximum punishment for the same is imprisonment for a period of seven years. The petitioner has undertaken to cooperate with the police for the purpose of investigation. Under these circumstances, reserving liberty to the Investigation - 7 - HC-KAR NC: 2025:KHC:21554 CRL.P No. 6846 of 2025 Officer to file necessary application before the jurisdictional Court seeking custody of the petitioner, in the event custodial interrogation is absolutely necessary in the case, the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively, subject to appropriate conditions. 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.63/2025 registered by Bellanduru Police Station, Bengaluru City, for the offences punishable under Sections 61, 82, 316(2) and 318 of BNS, 2023, subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer in the present case on 27.06.2025 between 10.00 a.m and 11.00 a.m, and if necessary, the Investigating Officer - 8 - HC-KAR NC: 2025:KHC:21554 CRL.P No. 6846 of 2025 is at liberty take the petitioner to custody for the purpose of interrogation on the said date, but it is made clear that the Investigating Officer shall release the petitioner on the very same date on or before 6.00 p.m, subject to he executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the investigating officer. 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