- 1 - HC-KAR NC: 2025:KHC-D:9308 CRL.P No. 102585 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102585 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: SHRI VEERESH S/O UMESH HOOLI, AGE: 34 YEARS, OCC: BAILIFF KUSHTAGI COURT, R/O: KUSHTAGI, DIST: KOPPAL-583 277. … PETITIONER (BY SRI. S.R. SATTIGERI AND SRI. VISHWANATH V. BADIGER, ADVOCATES) AND: THE STATE OF KARNATAKA, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-580 001, THROUGH KUSHTAGI P.S. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.125/2025 REGISTERED BY THE KUSHTAGI POLICE STATION ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, KUSHTAGI FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 115(2), 351, 352, 85 OF BNS, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9308 CRL.P No. 102585 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused in Crime No.125/2025 registered by Kushtagi PS, for offences punishable under Sections 115(2), 351, 352, 85 of Bharatiya Nyaya Sanhita is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.125/2025 was registered by the Kushtagi P.S., for the aforesaid offences against the petitioner herein based on the first information dated 24.05.2025 received from Smt. Shilpa W/o Viresh Holi. Apprehending arrest in the case, the petitioner had filed Criminal Miscellaneous No.191/2025 before the jurisdictional Sessions Court which was rejected on 23.06.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that marriage of the petitioner with the first - 3 - HC-KAR NC: 2025:KHC-D:9308 CRL.P No. 102585 of 2025 informant was solemnized 04.05.2021. The allegation against the petitioner is that after the marriage, he has been ill-treating his wife and has been abusing her both physically and mentally. On 23.05.2025 at about 2.30- p.m., petitioner after abusing the first informant on a petty issue, allegedly had assaulted her with his hands and legs and it is under these circumstances, she had approached the police. Undisputedly, the victim who is the wife of the petitioner has suffered only simple injuries in the incident in question. 5. The maximum punishment for the alleged offences is imprisonment for a period of 3 years. The petitioner has no other criminal antecedents. He has undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that the prayer made by the petitioner in the present case needs to be allowed. Accordingly, I proceed to pass the following: - 4 - HC-KAR NC: 2025:KHC-D:9308 CRL.P No. 102585 of 2025 ORDER 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.125/2025 registered by Kushtagi PS, for offences punishable under Sections 115(2), 351, 352, 85 of Bharatiya Nyaya Sanhita subject to the following conditions: i. 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 like sum to the satisfaction of the investigating officer. ii. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The 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. - 5 - HC-KAR NC: 2025:KHC-D:9308 CRL.P No. 102585 of 2025 iv. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 22