- 1 - HC-KAR NC: 2025:KHC:41352 CRL.P No. 12691 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12691 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: HARIPRASAD, S/O CHANDRAIAH, AGED ABOUT 34 YEARS R/O N MANCHENAHALLI PALYA VILLAGE, DANDINASHIVARA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT - 58111 …PETITIONER (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA., ADVOCATE) AND: 1. STATE BY WOMEN POLICE STATION TUMKURU DISTRICT - 577001 REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560001. …RESPONDENT (BY Smt.RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT THE ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF ARREST BY THE RESPONDENT WOMEN POLICE, TUMKURU IN CR.NO.14/2025 ON THE FILE OF LD. II ADDL. CIVIL JUDGE (SR.DN.) AND JMFC COURT AT TUMKUR, FOR THE OFFENCES P/U/S. 85, 88, 351(2), 352, 3(5) OF BNS-2023 AND SEC. 3 AND 4 OF D.P. ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:41352 CRL.P No. 12691 of 2025 ORAL ORDER This petition is filed by accused No.1 under Section 482 of Bharatiya Nagarika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.148 of 2025 of Tumakuru Women Police Station registered for the offences punishable under Sections 85, 88, 351(2), 352, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961. 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State 3. The learned counsel for petitioner would contend that, the marriage of the petitioner with the first informant has taken place on 05.09.2018, and out of the wedlock, a male baby was born. He further submits that, the petitioner is paying equated money instalment (EMI) of housing loan and other loans. As he was visiting his parents, the victim and her mother objected for the same, and thrown him out. The petitioner prior to the filing of first information by the first informant-wife, he had approached the police on 08.07.2025 and on 16.07.2025 regarding harassment by wife, and as a counter, the present - 3 - HC-KAR NC: 2025:KHC:41352 CRL.P No. 12691 of 2025 complaint has been filed by the victim. The bank account of the petitioner indicates that, he has transferred several amounts to the first informant. The termination of pregnancy is as per medical advice. The petitioner is ready to cooperate with the police in the investigation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for the respondent - State would contend that charge sheet has been filed. The further statement of CW1-first informant indicates that, termination of pregnancy was as per the medical advice, and therefore, charge sheet has not been filed for the offence punishable under Section 88 of BNS, 2023. Hence, there is a prima facie case against the petitioner for other offences. The petitioner is required for custodial interrogation. With this, she prayed for rejection of the petition. 5. Having heard the learned counsel, the Court has perused complaint, FIR and other materials placed on record. 6. The petitioner is the husband of first informant and they had a male baby. Upon the complaint of first informant, a - 4 - HC-KAR NC: 2025:KHC:41352 CRL.P No. 12691 of 2025 case came to be registered against the petitioner and others for the offences is noted supra. One of the offence alleged against the petitioner is Section 88 of BNS, 2023 i.e. termination of pregnancy. The first informant in her further statement has stated that, the said termination of pregnancy is as per medical advice, and therefore, charge sheet has not been filed against the petitioner for the offence punishable under Section 88 of BNS, 2023. The other offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner has undertaken to abide by any terms and conditions to be imposed by this Court. The petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following: ORDER i) The petition is allowed; ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.148 of 2025 of Tumakuru Women Police Station subject to following conditions; a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rs.One lakh) with - 5 - HC-KAR NC: 2025:KHC:41352 CRL.P No. 12691 of 2025 one surety for the like sum to the satisfaction of Investigating Officer/jurisdictional Court. b) The petitioner shall appear before the Investigating Officer/jurisdictional Court within fifteen days from this day and execute a bail bond and furnish a surety; c) The petitioner shall not threaten the first informant and other prosecution witnesses. d) The petitioner shall appear before the Trial Court on all the dates of the hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE bkm List No.: 1 Sl No.: 1