- 1 - HC-KAR NC: 2025:KHC:22739 CRL.P No. 8304 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8304 OF 2025 BETWEEN: ARAVINDA. K.G. S/O GAVIGOWDA AGED ABOUT 38 YEARS R/AT KARLE KOPPALU VILLAGE KARLE POST, KATTAYA HOBLI HASSAN TALUK, HASSAN DISTRICT - 573 201. …PETITIONER (BY SMT. NIRMALA JAYARAM, ADV., FOR SRI MOHAN P.S, ADV.) AND: STATE BY HASSAN EXTENSION POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR AMBEDKAR VEEDHI, HIGH COURT OF KARNATAKA, BENGALURU. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT AN ANTICIPATORY BAIL IN FAVOUR OF THE PETITIONER DIRECTING THE RESPONDENT POLICE TO GET THEM AT LIBERTY IN THE EVENT OF THEIR ARREST IN CRIME NO.107/2025, ON THE FILE OF 2ND ADDITIONAL DISTRICT AND SESSION JUDGE HASSAN FOR THE ALLEGED OFFENCES PUNISHABLE SECTIONS 351(2), 351(3), 115(2), 3(5) OF BHARATIYA NYAYA SANHITA, 2023 AND SECTION 67(A) OF INFORMATION TECHNOLOGY ACT, 2000 BY HASSAN EXTENTION POLICE STATION BY ALLOWING THIS BAIL PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22739 CRL.P No. 8304 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.107/2025 registered by Hassan Extension Police Station, Hassan District for the offences punishable under Sections 351(2), 351(3), 115(2) R/w 3(5) of BNS, 2023 and Section 67(A) of the Information Technology Act, 2000 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.107/2025 was registered by Hassan Extension Police Station, Hassan District for the aforesaid offences against the petitioner herein and others, on the basis of first information dated 26.04.2025 received from Smt Bhagyalakshmi @ Shilpa. Apprehending arrest in the said case, the petitioner had filed - 3 - HC-KAR NC: 2025:KHC:22739 CRL.P No. 8304 of 2025 Crl.Misc.No.472/2025, which was rejected on 26.05.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition has prays to allow the petition. 5. Per contra, learned HCGP has opposed the bail petition. She submits that, considering the nature of allegation custodial interrogation of the petitioner is required. 6. In the first information, which is submitted by the victim lady, she has stated that, she was earlier married to one Ravi and from the said wedlock she has got a daughter. She has deserted her husband Ravi and thereafter staying in her aunt's house. Her aunt had forced her to marry and therefore they had contacted a marriage broker, who allegedly informed them there is a good proposal for the victim lady. It is further alleged that the marriage broker namely the petitioner herein thereafter married the first informant in a temple and when the first - 4 - HC-KAR NC: 2025:KHC:22739 CRL.P No. 8304 of 2025 informant asked him to get their marriage registered, he allegedly assaulted her and certain obscene photos and videos of the first informant were recorded by the petitioner in his mobile phone and they were also circulated in social media. Further, it is stated that, the victim lady has thereafter made attempt to commit suicide and thereafter was admitted in the hospital and subsequently she had approached the police on 26.04.2025. 7. The victim lady has stated in her first information that she is a married lady. However, there is no such averments found in the first information that her marriage with Ravi has been dissolved in accordance with law. Therefore, a doubt arises with regard to allegation now made against the petitioner that he had married her in a temple etc., Even otherwise, the alleged offences are triable by the Court of Magistrate and the said offences are not exclusively punishable with death or life imprisonment. The petitioner, who has no criminal antecedents has - 5 - HC-KAR NC: 2025:KHC:22739 CRL.P No. 8304 of 2025 undertaken to cooperate with the Investigation Officer for the purpose of investigation. 8. Considering the aforesaid aspects of the matter, I am of the opinion that, the petitioner's prayer 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.107/2025 registered by Hassan Extension Police Station, Hassan District for the offences punishable under Sections 351(2), 351(3), 115(2) R/w 3(5) of BNS, 2023 and Section 67(A) of the Information Technology Act, 2000 subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC:22739 CRL.P No. 8304 of 2025 1. The petitioner shall appear before the Investigating Officer in the present case within fifteen days from the date of this order 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. 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