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2025 DAILYLAW 50891 (KAR)

MOHAMMED YASEEN MASOOD SURANAGI v. STATE OF KARNATAKA

CRL.P/14858/2025 · 2025-12-02

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50164 CRL.P No. 14858 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14858 OF 2025 [(438(Cr.PC) / 482(BNSS)] BETWEEN: MOHAMMED YASEEN MASOOD SURANAGI S/O MOHAMMED IQBAL, AGED ABOUT 40 YEARS, R/AT: YALAKKI ONI, M.G.ROAD, VTC HAVERI, PO HAVERI, DISTRICT: HAVERI, STATE: KARNATAKA - 581 110. &PETITIONER (BY SRI. S SHANKARAPPA, ADVOCATE) AND: STATE OF KARNATAKA THROUGH DAVANGERE WOMEN P.S., REP. BY SPP, HIGH COURT COMPLEX, BENGALURU - 560 001. &RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.59/2025 OF DAVANAGERE WOMEN POLICE STATION, ON THE FILE OF II ADDITIONAL CIVIL JUDGE (SENIOR DIVISION) AND JMFC COURT, DAVANAGERE DISTRICT, FOR THE OFEFNCES Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50164 CRL.P No. 14858 of 2025 PUNISHABLE UNDER SECTIONS 115(2), 351(2), 352, 54, 85 READ WITH 3(5) OF BNS, 2023 AND SECTION 4 OF D.P. ACT, 1961. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.1 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.59/2025 of Davanagere Women Police Station, registered for offences punishable under Sections 115(2), 351(2), 352, 54, 85 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 4 of Dowry Prohibition Act. 2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State. 3. Learned counsel for petitioner would contend that, the alleged incidents have taken place on 02.11.2023 - 3 - HC-KAR NC: 2025:KHC:50164 CRL.P No. 14858 of 2025 and 23.02.2025 and the complaint has been filed on 07.05.2025 and there is a delay in filing the complaint. One day prior to filing of the said complaint, the petitioner gave a representation to the S.P. Haveri, i.e., on 06.05.2025. The victim has filed a suit in O.S.No.29/2025 on 12.03.2025 against the petitioner seeking maintenance and other relief. There is no incident in between filing of the said suit and filing of the FIR. The investigation is in progress. The petitioner is ready to cooperate with the Investigating Officer in investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. With these, she prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, as the petitioner has given pills, there was abortion of the victim three times. There was assault by the petitioner on 02.11.2023 and on 23.02.2025, due to the said assault, the victim has sustained internal injury to the ear. If the - 4 - HC-KAR NC: 2025:KHC:50164 CRL.P No. 14858 of 2025 petitioner is granted anticipatory bail, there are chances of he hampering the investigation and tampering the prosecution witnesses and flee from justice. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record. 6. The complaint dated 07.05.2025 filed by the victim, there are two incidents are stated, one on 02.11.2023 and another on 23.02.2025. On both dates, the petitioner is stated to have assaulted the victim. After the incident dated 23.02.2025, the victim has filed a suit in O.S.No.29/2025 (filed on 12.03.2025) against the petitioner seeking the relief of maintenance and restraining him from alienating the suit schedule properties. One day prior to filing of the complaint, i.e., on 06.05.2025, the petitioner has given a representation to S.P. Haveri regarding the acts of the victim. The offences - 5 - HC-KAR NC: 2025:KHC:50164 CRL.P No. 14858 of 2025 alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner has undertaken to cooperate with the Investigating Officer in investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. 7. Considering all the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted anticipatory bail in Crime No.59/2025 of Davanagere Women Police Station and is ordered to be released on bail in the event his arrest, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Investigating Officer. - 6 - HC-KAR NC: 2025:KHC:50164 CRL.P No. 14858 of 2025 ii) The petitioner shall voluntarily appear before the Investigating Officer within 15 days from this day and execute bail bond and furnish surety. iii) The petitioner shall cooperate with the Investigating Officer in the investigation and appear before the Investigating Officer whenever called for. iv) The petitioner shall appear before the trial Court on all dates hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 7