- 1 - NC: 2025:KHC:18284 CRL.P No. 6945 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO.6945 OF 2025 BETWEEN: SRI.SURESH H P S/O LATE PAPEGOWDA AGED ABOUT 48 YEARS RESIDING AT HAROHALLI VILLAGE KASABA HOBLI, PANDAVAPURA TALUK MANDYA DISTRICT-571401 …PETITIONER (BY SRI. SHIVASHANKARAPPA, ADVOCATE) AND: STATE OF KARNATAKA BY PANDAVAPURA POLICE STATION MANDYA DISTRICT-571401 REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001 …RESPONDENT (BY SMT.SOWMYA R, HCGP) THIS CRL.P IS FILED U/SEC.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER (ACCUSED NO.1) ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CRIME NO.96/2025 OF PANDAVAPURA POLICE STATION, PENDING BEFORE THE HONBLE CIVIL JUDGE (JR.DN.) AND JMFC COURT FOR THE ALLEGED OFFENCE P/U/SEC.352, 126(2), 118(1), 351(2) R/W SEC.3(5) OF BNS 2023 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18284 CRL.P No. 6945 of 2025 CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL ORDER 1. This petition is filed by the petitioner - accused No.1 seeking anticipatory bail in Crime No.96/2025, registered by respondent police - Pandavapura Police Station for the offences under Sections 352, 126(2), 118(1), 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS Act'). Factual matrix of the case: 2. It is the case of the prosecution that, on 18.04.2025 at about 11.30 a.m., the complainant – Kumara was in his house and his wife Smt.Pavithra was standing in front of their house. At that time, accused Nos.1 and 2, who are residing in the opposite side of their house, started quarrelling with the wife of the complainant in relating to the civil dispute existed between them. It is further stated that both accused Nos.1 and 2 have assaulted the wife of the complainant and caused injuries. In the meantime, the complainant and others immediately rushed to the spot and pacified the quarrel. The complainant took his wife, who is - 3 - NC: 2025:KHC:18284 CRL.P No. 6945 of 2025 injured, to the hospital for treatment. Thereafter, he lodges the complaint. 3. Heard Sri.Shivashankarappa, learned counsel for the petitioner and Smt.Sowmya.R, learned High Court Government Pleader for the respondent - State. 4. It is the submission of the learned counsel for the petitioner that the petitioner is innocent of the alleged offences and a false case has been registered against him and his wife even for petty reasons in order to pressurize them to settle the civil dispute. It is further submitted that the petitioner had lodged the complaint before Pandavapura Police Station on 17.04.2025 against the complainant and his family members in respect of assault made in the public. However, the respondent – police issued NCR No.353/848/2025. It is further submitted during the said assault, accused No.2 had also sustained injuries in the said incident and she had taken treatment at the Government Medical Hospital and the same is produced as Annexure-D. - 4 - NC: 2025:KHC:18284 CRL.P No. 6945 of 2025 5. It is further submitted that there is a case and counter case. If the respondent – police had acted upon the complaint given by the accused, the present complaint would not have been filed against the petitioner and his wife. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 6. Per contra, the learned High Court Government Pleader opposed the said submissions and she further contended that though the petitioner had lodged the complaint against the complainant and others, the fact remains that, it is only a small issue and the police after conducting investigation, registered NCR and sent back. When such being the case, the petitioner assaulted the wife of the complainant and caused injuries. Therefore, at this stage, it is not appropriate to grant anticipatory bail as prayed for. Making such submissions, learned HCGP prays to reject the bail petition. 7. Having heard the learned counsel for the respective parties and perused the averments made in the complaint. It is forthcoming from the records that the petitioner had made - 5 - NC: 2025:KHC:18284 CRL.P No. 6945 of 2025 available some annexures, which are the documents, which would indicate that even the petitioner had sustained injury in the said incident, which had taken place much prior to the date of the alleged incident. It is needless to say that on 17.04.2025, the petitioner had lodged a complaint about the incident and thereafter, on the following day, the complainant had lodged the complaint stating that the petitioner had assaulted his wife. 8. Be that as it may, the alleged offences are neither punishable with death or imprisonment for life. The injuries alleged to have been sustained by the wife of the complainant are simple in nature. Therefore, it is appropriate to grant anticipatory bail as prayed for by imposing suitable conditions. 9. In the light of the observations made above, I proceed to pass the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.96/2025 registered by - 6 - NC: 2025:KHC:18284 CRL.P No. 6945 of 2025 respondent police for the offences punishable under Sections 352, 126(2), 118(1), 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 pending on the file of the Civil Judge (Jr. Dn) and JMFC Court, Pandavapura, subject to the following conditions: (i) The petitioner shall execute 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 jurisdiction police. (ii) The petitioner shall appear before the respondent police within one month from today to execute the bond and also the surety. (iii) The petitioner shall appear before the respondent police on fortnightly Saturday between 10.00 a.m to 2.00 p.m and he has to affix his signature till filing of the charge sheet. (iv) The petitioner shall not threaten or tamper the prosecution witnesses. - 7 - NC: 2025:KHC:18284 CRL.P No. 6945 of 2025 (v) The petitioner shall not commit similar offences till disposal of the case. (vi) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vii) The Registry is directed to communicate this order to the jurisdictional Police Station forthwith. In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. SD/- (S RACHAIAH) JUDGE NBM/UN List No.: 1 Sl No.: 52