- 1 - HC-KAR NC: 2025:KHC:23096 CRL.P No. 8209 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8209 OF 2025 BETWEEN: GIRISHA N.B AGED ABOUT 40 YEARS S/O BRAHAMAPPA #87/1 HEGGANAHALLI NARAYANAPPA TENGENA TOTA SOUTH HOUSE, BANGALORE NORTH, VISHWA NIDAMO BANGALORE - 560 001. …PETITIONER (BY SRI VINAYA KEERTHY M, ADV.) AND: STATE BY DAVANAGERE WOMEN POLICE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP FOR R-1; SRI REVANNA BALLARY, ADV.,) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL IN CR.NO.63/2025 REGISTERED BY THE RESPONDENT DAVANAGERE WOMEN POLICE FOR THE ALLEGED OFFENCES P/U/S 109, 115(2), 190, 351(2), 352, 54, 85 OF BNS 2023 ON THE FILE OF THE LRD 2nd ADDL. CIVIL JUDGE (SR.DN) AND JMFC COURT, DAVANAGERE. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23096 CRL.P No. 8209 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 1. Accused in Crime No.63/2025 registered by Davanagere Women Police Station, Davanagere, for the offences punishable under Sections 109, 115(2), 190, 351(2), 352, 54, 85 of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.63/2025 was registered by Davanagere Women Police Station, Davanagere, for the aforesaid offences against the petitioner herein and his relatives based on the first information dated 12.05.2025 received from Shobha.R., who is the wife of the petitioner herein. Apprehending arrest in the case, petitioner had filed Crl. Misc. No.491/2025 before the jurisdictional Sessions Court, which was rejected on 03.06.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:23096 CRL.P No. 8209 of 2025 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, has prayed to allow the petition. 5. Per contra, learned HCGP and the learned Counsel appearing for the defacto complainant have opposed the petition. Learned Counsel for respondent no.2 submits that petitioner has assaulted the victim and she has suffered grievous injuries in incident in question. Therefore, he is not entitled for the relief sought in the petition. 6. The material on record would go to show that the victim who is the first informant in the present case is the wife of the petitioner. Learned Counsel for the petitioner has produced material before this Court which would prima facie go to show that the first informant has filed M.C.No.400/2023 before the Court of Family Judge at Davanagere under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking decree of divorce on the ground of cruelty. The material on record would go to show that from the year 2023 onwards, petitioner and the first informant are staying separately. According to the first informant, she has taken shelter in her sister's house and the alleged incident had taken place in her sister's house on - 4 - HC-KAR NC: 2025:KHC:23096 CRL.P No. 8209 of 2025 08.05.2025. However, the first informant has belatedly submitted the first information on 12.05.2025. 7. Though the learned Counsel for the defacto complainant has produced certain photographs to show that the first informant who is the alleged victim in the present case has suffered injuries as a result of the assault made by the petitioner, perusal of the said photographs would go to show that the said photographs either relate to the year 2021 or 2023. Learned Counsel for the defacto complainant has not produced any material before this Court to show that the victim had suffered injuries in the alleged incident that had taken place on 08.05.2025 except the receipt from the hospital which would go to show that the victim was treated as out patient in the hospital. 8. In the matrimonial case which is filed by the defacto complainant in the year 2023, she has stated that she was earlier assaulted by the petitioner in the year 2021 and 2023. Photographs produced by the defacto complainant are either of the year 2021 or 2023 as found in the dates mentioned in the said photographs. Under the circumstances, I am of the opinion - 5 - HC-KAR NC: 2025:KHC:23096 CRL.P No. 8209 of 2025 that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 9. 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.63/2025 registered by Davanagere Women Police Station, Davanagere, for the offences punishable under Sections 109, 115(2), 190, 351(2), 352, 54, 85 of 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. 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. - 6 - HC-KAR NC: 2025:KHC:23096 CRL.P No. 8209 of 2025 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK