- 1 - NC: 2025:KHC-D:5644 CRL.P No. 101297 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101297 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: HARIKRISHNA S/O. HANUMANTHA, AGED ABOUT 27 YEARS, OCC. YERRIGUNTA VILLAGE-515871, TQ. KANEKAL, DIST. ANANTHAPUR, STATE: ANDHRA PRADESH. …PETITIONER (BY SRI A. VEERANNA, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH BALLARI WOMEN POLICE STATION, BALLARI CITY SUB-DIVISION, BALLARI, R/BY. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD, PIN-580011. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS 2023, SEEKING TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN C.C.NO. 1055/2024 (BALLARI WOMEN P.S. CRIME NO. 117/2023 FOR THE ALLEGED OFFENCES UNDER SECTION 498(A), 323, 324, 504, 506, 307 R/W. 34 OF IPC AND SECTIONS 3 AND 4 OF DP ACT PENDING ON THE FILE OF IV ADDL. CIVIL JUDGE AND JMFC COURT, BALLARI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.02 11:21:32 +0530 - 2 - NC: 2025:KHC-D:5644 CRL.P No. 101297 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.A.Veeranna, learned counsel for the petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for the State/respondent. 2. Petition is filed under Section 439 of Cr.P.C. with the following prayer: “WHEREFORE, the petitioner/accused No.1 most humbly prays that this Hon’ble Court be pleased to release the petitioner on anticipatory bail in the event of his arrest in CC No.1055/2024 (Ballari Women P.S. Crime No.117/2023 for alleged offices under Section 498A, 323, 324, 504, 506, 307 read with Section 34 of IPC and Section 3 and 4 of the D.P.Act pending on the file of Hon’ble IV Addl. Civil Judge and JMFC Court, Ballari in the interest of justice.” 3. Facts in brief which are utmost necessary for disposal of the petition are as under: 3.1. A complaint came to be lodged with Ballari Women Police Station on 18.07.2023 which was registered in Crime No.117/2023 for the offences punishable under - 3 - NC: 2025:KHC-D:5644 CRL.P No. 101297 of 2025 Section 498A, 323, 324, 504, 506, 307 read with Section 34 of IPC and Section 3 and 4 of the Dowry Prohibition Act. 3.2. Gist of the complaint averments would reveal that petitioner being the husband of the complainant – Smt.Sojanya, got married to her and for a brief period, they lead a happy married life. Thereafter, petitioner along with his relatives, started abusing in filthy language and also demanded sum of Rs.2,00,000/- as dowry. 3.3. When the said demand was refused on 13.07.2023 at about 12.00 noon, there was an altercation wherein, the petitioner said to have assaulted the complainant with an iron rod. Somehow, the complainant was able to escape away from the clutches of the petitioner. Thereafter, complaint came to be lodged. 4. Police after thorough investigation, filed the charge sheet against the petitioner and others. - 4 - NC: 2025:KHC-D:5644 CRL.P No. 101297 of 2025 5. The effort made by the petitioner to obtain an order of grant of anticipatory bail is rejected by the Trial Court. 6. Thereafter, petitioner is before this Court, in this petition. 7. Sri.A.Veeranna, learned counsel for the petitioner reiterating the grounds urged in the petition vehemently contended that a false case has been foisted against the petitioner and complainant has sustained only simple injuries as per the wound certificate. Therefore, gravity of the offence is reduced to a considerable extent and per se offence under Section 307 of IPC would not get attracted in the case and sought for grant of anticipatory bail. 8. He also submitted that other accused persons have been granted anticipatory bail and therefore, present petitioner is also entitled to be enlarged on bail. - 5 - NC: 2025:KHC-D:5644 CRL.P No. 101297 of 2025 9. Per contra, Smt.Girija S. Hiremath, learned High Court Government Pleader for the State/respondent opposes the bail grounds. 10. She would further contend that mercilessly the complainant being the wife of the petitioner, has been mercilessly assaulted in the house on 13.07.2023 with an iron rod. It is borne out from the records that there was a demand of dowry in a sum of Rs.2,00,000/-. There were also filthy abuses hurled against the complainant. 11. These aspects of the matter makes out a prima facie case which would be sufficient to oppose the bail grounds. 12. She would also point out that petitioner is not a law abiding citizen inasmuch as he is shown as an absconding accused in the charge sheet. Therefore, sought for rejection of the bail. 13. Having heard the parties in detail, this Court perused the material on record meticulously. - 6 - NC: 2025:KHC-D:5644 CRL.P No. 101297 of 2025 14. On such perusal of the material on record, it is crystal clear that the petitioner is shown as absconding accused in the charge sheet. Efforts made by him earlier to obtain an order of anticipatory bail being rejected; he was not available to the investigation agency. In fact the prime allegations are only against the petitioner inasmuch as he is the one who assaulted the complainant with an iron rod. 15. Admittedly, complainant is none other than his own wife. Reason for assault is demand of dowry in a sum of Rs.2,00,000/-. 16. Taking note of the above, there exists a prima facie material which would disentitle the petitioner to obtain an order of anticipatory bail as he is no longer be termed as a law abiding citizen. 17. Further, grant of anticipatory bail to the other accused persons would not act as a ground of parity - 7 - NC: 2025:KHC-D:5644 CRL.P No. 101297 of 2025 inasmuch as petitioner has been shown as an absconding accused. 18. Taking note of these aspects of the matter, bail petition is rejected. 19. However, if the petitioner surrenders before the Court and apply for regular bail, Trial Court may consider the grant of bail on merits in accordance with law. SD/- (V.SRISHANANDA) JUDGE KAV CT:PA List No.: 1 Sl No.: 19 Order sheet