- 1 - HC-KAR NC: 2025:KHC-D:16753 CRL.P No. 104465 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104465 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SHIVAYOGI S/O. SHIVAPUTRAPPA AVARDI, AGE. 40 YEARS, OCC. POLICE DEPT. (PSI), R/O. SHIVAPET, TQ. RAMADURG NOW AT: ANCHATGERI, TQ. HUBBALLI, DIST. DHARWAD-580029. …PETITIONER (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, DHARWAD WOMEN POLICE STATION, DHARWAD REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (482 OF BNSS), PRAYING TO, GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER/ ACCUSED NO.1 ON BAIL IN THE EVENT OF HIS ARREST IN DHARWAD WOMEN POLICE STATION IN CRIME NO.08/2025 FOR THE ALLEGED OFFENCS PUNISHABLE UNDER SECTIONS 109, 115(2), 49, 352, 74, 351, 85 R/W 3(5) OF BNS, 2023, PENDING ON THE FILE OF COURT OF 4TH ADDITIONAL SENIOR CIVIL JUDGE AND JMFC COURT AT DHARWAD BY IMPOSING CONDITIONS AND ETC. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16753 CRL.P No. 104465 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is arrayed as accused No.1 seeking for grant of anticipatory bail in Crime No.08/2025 of respondent/Police for the offence under Sections 109, 115(2), 49, 352, 74, 351, 85 r/w. Section 3(5) of the Bharatiya Nyaya Sanhita, 20231. Brief facts of the case; 2. The case of the prosecution is that the complainant is the wife of the petitioner. Their marriage was solemnized on 23.12.2012. Due to the said wedlock, the couple had two children. There were differences of opinion between the complainant and the petitioner. Despite several mediations were held between the couple but they did not come forward for settlement to lead their happy life. Such being the fact, on 31.05.2025, around about 10:00 PM, the petitioner is stated to have quarrelled with the complainant by making allegations that she was not preparing good food 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:16753 CRL.P No. 104465 of 2025 and also he was scolding her that the mother of the complainant has not guided her how to cook food properly. 3. It is further stated that the mother of the complainant was present when the quarrel was ensued between the complainant and the petitioner. At that time, it is stated that the petitioner tried to assault the complainant by throwing flowerpot on her and tried to kill her. Hence, the complaint. Based on the complainant, the respondent - police registered a case in Cr.No.8/2025 and the investigation is under progress. 4. Heard Sri. Gourishankar Mot, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent/State. 5. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offence. A false case has been foisted against the petitioner in order to take control over him in the family affairs. It is - 4 - HC-KAR NC: 2025:KHC-D:16753 CRL.P No. 104465 of 2025 further submitted that the averments of the complaint do not disclose the ingredients of Section 307 of IPC/ 109 BNS, 2023. 6. It is further submitted that the petitioner is working as PSI and he is the permanent resident of Shivapet, Ramadurg Taluk and he will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. 7. Per contra, learned High Court Government Pleader for respondent/State vehemently submitted that the petitioner being a Police Sub–Inspector, assaulted his wife and mother-in-law indiscriminately and attempted to commit murder. 8. It is further submitted that the petitioner being a police sub-inspector took the extreme step to assault his wife and also harassing her which denotes the mindset of the petitioner. If the petitioner is enlarged on bail, there may be chances of committing similar offence or - 5 - HC-KAR NC: 2025:KHC-D:16753 CRL.P No. 104465 of 2025 threatening the prosecution witnesses. Therefore, it is not appropriate to grant bail. Making such submissions, learned HCGP prays to reject the petition. 9. Having heard learned counsel for the respective parties and on perusal of the averments of the complaint, it appears from the record that the victim is the wife of the petitioner and both were living in the same roof. 10. It is alleged that the petitioner had assaulted the complainant and her mother and also tried to kill his wife by throwing the flowerpot. However, she has escaped from the blow. On perusal of the averments of the complaint, it appears that the petitioner has made out a case to grant anticipatory bail. Therefore, it is appropriate to grant bail, as prayed for. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in the event of his arrest in - 6 - HC-KAR NC: 2025:KHC-D:16753 CRL.P No. 104465 of 2025 Crime No.08/2025 of respondent/Police on executing personal bond for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the Jurisdictional Police subject to following conditions; (a) The petitioner shall appear before the Jurisdictional Police within a period of one month from today to execute personal bond and also to furnish surety. (b) The petitioner shall co-operate with the investigation, till filing of the charge- sheet. (c) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (d) The petitioner shall appear before the Trial Court on all hearing dates without fail. - 7 - HC-KAR NC: 2025:KHC-D:16753 CRL.P No. 104465 of 2025 In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 26