Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 30880 (KAR)

SHASHIKUMAR R v. THE STATE OF KARNATAKA

CRL.P/9519/2025 · 2025-07-14

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:25910 CRL.P No. 9519 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9519 OF 2025 BETWEEN: SHASHIKUMAR R S/O H. RAJANNA AGED ABOUT 40 YEARS R/A NO.8/120, OLD MIDDLE SCHOOL ROAD, YELAHANKA BENGALURU NORTH BENGALURU - 560 064. …PETITIONER (BY SRI VIKAS M, ADV.) AND: THE STATE OF KARNATAKA BY YELAHANKA POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THE PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN THE EVENT OF ARREST IN CONNECTION WITH CR.NO.232/2025 BY YELAHANKA P.S PENDING IN THE COURT OF 7TH ACJM, BENGALURU FOR OFFENCES P/U/S 109(1), 3(5), 85, 351(2), 61(2),352 OF THE BNS, 2023. 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:25910 CRL.P No. 9519 of 2025 ORAL ORDER 1. Accused no.1 in Crime No.232/2025 registered by Yelahanka Police Station, Bengaluru City, for the offences punishable under Sections 109(1), 3(5), 85, 351(2), 61(2), 352 of BNSS, 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.232/2025 was registered by Yelahanka Police Station, Bengaluru City, for the aforesaid offences against the petitioner herein and others based on the first information dated 27.06.2025 received from Shobha who is the wife of the petitioner herein. Apprehending arrest in the case, petitioner had filed Crl. Misc. No.5550/2025 before the jurisdictional Sessions Court, which was dismissed on 04.07.2025. Therefore, petitioner is before this Court. 4. Perusal of the material on record would go to show that petitioner and the first informant are husband and wife. The alleged victim girl aged about 17 years is the daughter of the petitioner and the first informant. In the first information, it is stated that petitioner had illicit relationship with accused no.2 - 3 - HC-KAR NC: 2025:KHC:25910 CRL.P No. 9519 of 2025 and when the same was questioned by the first informant, petitioner allegedly tried to administer poison to the victim girl and when she refused, he allegedly pushed her down and pressed her neck with his leg and tried to commit her murder. 5. Undisputedly, the victim girl or the first informant have not suffered any injury in the alleged incident. It appears that there is a marital dispute between the petitioner and his wife. It is not in dispute that the petitioner has no other criminal antecedents. Considering the nature of allegations found in the first information, custodial interrogation of the petitioner may not be required. Therefore, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively, subject to appropriate conditions. Accordingly, the following order: 6. 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.232/2025 registered by Yelahanka Police Station, Bengaluru City, for the offences punishable under Sections 109(1), 3(5), 85, 351(2), 61(2), 352 of BNSS, 2023, subject to the following conditions: - 4 - HC-KAR NC: 2025:KHC:25910 CRL.P No. 9519 of 2025 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. 4. The petitioner shall not involve in similar offences in future. 5. Petitioner shall mark his attendance before the Station House Officer of the respondent-Police Station on the first Sunday of every month, till the final report is filed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK