- 1 - HC-KAR NC: 2025:KHC:41234 CRL.P No. 13242 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13242 OF 2025 (438(Cr.PC) / 482(BNSS) BETWEEN: 1. SOMASHEKHAR. H. N. S/O NANJUNDAIAH AGED ABOUT 40 YEARS R/AT NO.367, 12TH CROSS VIVEKANANDANAGARA DASANAPURA HOBLI MACHOHALI GATE, MACHOHALLI BENGALURU-560091 …PETITIONER (BY SRI. MANJUNATH M R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KAMAKSHIPALYA P S BENGALURU REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGAKLURU-560001 …RESPONDENT (BY SMT.PUSHPALATHA.B., ADDL.SPP.) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41234 CRL.P No. 13242 of 2025 THIS CRIMINAL PETITION FILED U/S 438 CR.P.C (U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT ANITICIPATORY BAIL AND TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.416/2025 REGISTERED BY KAMAKSHIPALYA P.S., BENGALURU, FOR THE OFFENCES P/U/S 109,351(2),352,3(5) OF BNS, 2023. 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 BNSS praying to grant anticipatory bail in Crime No.416/2025 of Kamakshipalya Police Station, Bangalore registered for offences under Sections 109, 351(2), 352, 3(5) of BNS. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent/State. 3. Learned counsel for petitioner would contend that first informant and others forcibly took this petitioner to - 3 - HC-KAR NC: 2025:KHC:41234 CRL.P No. 13242 of 2025 rehabilitation center in order to grab his property and there they assaulted him with iron rod and axe on his head at three places and also assaulted with club on his hand, leg and back and caused injuries and in that regard he has lodged complaint and it is registered in Crime No.413/2025 of Kamakshipalya Police Station against first informant and her relatives who are arraigned as accused Nos. 1 to 7. He further submits that in counter to the said complaint, the first informant subsequently, on the same day has filed complaint against this petitioner and others and it came to be registered in Crime No.416/2025, making false allegations. Considering the said aspect, there is a case and counter case between petitioner and the victim and others. He further submits that accused Nos.2 to 12 have been granted anticipatory bail by the trial Court. As major portion of the investigation is over, the petitioner is not required for custodial interrogation. The petitioner is ready to co-operate with the police in the - 4 - HC-KAR NC: 2025:KHC:41234 CRL.P No. 13242 of 2025 investigation and abide by terms and conditions to be imposed by this Court. 4. Per contra, learned Additional SPP would contend that there is a matrimonial dispute between petitioner and first informant and her relatives. There is a serious allegation of petitioner assaulting the first informant and her relatives with knife. The investigation is in progress and therefore, petitioner is not entitled for grant of anticipatory bail. 5. Having heard the learned counsels, the Court has perused FIR, complaint and other materials placed on record. 6. The alleged incident has taken place on 19.07.2025 and complaint has been filed on 20.08.2025 at 09.10 p.m. There is a delay in filing the complaint and it has not been explained. Prior to filing of the said complaint, this petitioner has filed a complaint against the first informant and others and it is registered in Crime No. - 5 - HC-KAR NC: 2025:KHC:41234 CRL.P No. 13242 of 2025 413/2025. The said complaint is filed on 20.08.2025 at 02.20 p.m. with regard to incident dated 19.07.2025. Considering the said aspect, there is a case and counter case between petitioner and first informant and others. The petitioner is the husband of the first informant and there is a matrimonial dispute between them. The petitioner has undertaken to co-operate with the police in the investigation and abide by terms and conditions to be imposed by this court. The petitioner has made out a case for grant of anticipatory bail with conditions. In the result of the following ORDER Petition is allowed. Petitioner is ordered to be released on bail in the event of his arrest in Crime No.416/2025 of Kamakshipalya Police Station, Bengaluru, subject to following conditions: (i) 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 - 6 - HC-KAR NC: 2025:KHC:41234 CRL.P No. 13242 of 2025 the satisfaction of Investigating Officer and appear before Investigating Officer within 15 days from this day and execute a bail bond and furnish surety. (ii) Petitioner shall cooperate with the police in the investigation. (iii) Petitioner shall not tamper with prosecution witnesses either directly or indirectly. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 12