- 1 - NC: 2025:KHC-D:6631 CRL.P No. 101506 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101506 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: BASAVARAJ S/O. NINGAPPA DYAVANUR, AGE: 39 YEARS, OCC. BANK EMPLOYEE, R/O. GULAGNJIKOPPA, GEREPPANAVAR CHALA, NOW AT OM NAGAR, BEHIND OZONE HOTEL, P.B. ROAD, DHARWAD-580 004. …PETITIONER (BY SRI. B.G. INDI, ADVOCATE FOR SRI. K.L. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH GANGAVATI TOWN P.S., REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS 2023, SEEKING TO ALLOW THE CRIMINAL PETITION AND ENLARGE PETITIONER ON ANTICIPATORY BAIL IN CONNECTION WITH GANGAVATI TOWN P.S. CRIME NO. 19/2025 WHICH IS REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 85, 115(2), 351(2) 352 READ WITH SECTION 190 OF BNS, 2023 AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT ON THE FILE OF PRL. CIVIL JUDGE AND JMFC GANGAVATI. V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.22 11:03:19 +0530 - 2 - NC: 2025:KHC-D:6631 CRL.P No. 101506 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri B.G. Indi, learned counsel for petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition under Section 482 of Bharatiya Nagarika Suraksha Sanhita, 2023 with the following prayer: “To allow the criminal petition and enlarge petitioner on anticipatory bail in connection with Gangavati Town P.S. Crime No. 19/2025 which is registered for the offences punishable under Sections 85, 115(2), 351(2) 352 read with Section 190 of BNS, 2023 and Section 3 and 4 of Dowry Prohibition Act on the file of Principal Civil Judge and JMFC Gangavati.” 3. Facts in brief which are utmost necessary for the disposal of the petition are as under: 4. Wife of the petitioner Smt. Sheela @ Shailaja filed a complaint with Gangavati Town Police on - 3 - NC: 2025:KHC-D:6631 CRL.P No. 101506 of 2025 02.02.2025 which was registered in Crime No.19/2025 for the offences punishable under Sections 85, 115(2), 351(2), 352 and 190 of Bharatiya Nyaya Sanhita, 2023 and under Section 3 and 4 of Dowry Prohibition Act, 1961. 5. Gist of the complaint averments would reveal that after marriage, the petitioner looked after the complainant for brief period in a good manner and thereafter was harassing her. The accused Nos.2 to 5 being the family members were instigating petitioner in ill-treating and physically and mentally harassing the complainant. Allegations in the complaint are wild enough and unfit for discussion in this bail order in order to maintain the dignity of the complainant. Fact remains that there is a strained matrimonial relationship even to the extent of the petitioner trying to falsely alleging that the complainant has got illicit relationship with her own maternal uncle. 6. Based on the complaint, police have registered the case. - 4 - NC: 2025:KHC-D:6631 CRL.P No. 101506 of 2025 7. Request of the petitioner for grant of anticipatory bail was rejected. Thereafter, petitioner is before this Court. 8. Sri B.G. Indi, learned counsel for petitioner contended that the petitioner is innocent and false allegations have been levelled against him and sought for grant of bail. 9. Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent would oppose the bail grounds. 10. Having heard the arguments of both the sides in detail, this Court perused the material on record meticulously. 11. On such perusal of the material on record, in view of the seriousness of the allegations found in the complaint, even though there is a protection for the petitioner from arrest in view of the principles of law enunciated by the Hon’ble Apex Court in the case of - 5 - NC: 2025:KHC-D:6631 CRL.P No. 101506 of 2025 Arnesh Kumar vs. State of Bihar and another1, this Court is satisfied that if the petitioner is directed to join the investigation and undergo limited period of custodial interrogation and thereafter if granted bail, ends of justice would be met. 12. 12. Since the investigation is in the preliminary stage, expressing any opinion on merits and demerits of the matter would definitely hamper the rights of the parties in one way or the other. 13. Accordingly, desisting from holding a mini trail, following order is passed. ORDER (i) The criminal petition is allowed. (ii) Petitioner is directed to join the investigation by appearing before the Investigating Officer on 29.04.2025 at 10.00 a.m. (iii) The Investigating Officer is at liberty to take the petitioner to custody and complete the investigation on the same day before 6.00 1 (2014) 8 SCC 273 - 6 - NC: 2025:KHC-D:6631 CRL.P No. 101506 of 2025 p.m. and enlarge him on bail, by taking a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer. (iv) Petitioner shall co-operate with the Investigating Agency in all respects (v) Petitioner shall mark her attendance before the Investigating Officer on every third Sunday between 10.00 am and 2.00 pm., till the final report is filed. (vi) Petitioner shall not tamper the prosecution witnesses in any manner. (vii) Petitioner shall attend the Court regularly. (viii) Petitioner shall not leave the jurisdiction of Dharwad District without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA List No.: 1 Sl No.: 19