- 1 - HC-KAR NC: 2025:KHC:50368 CRL.P No. 15318 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15318 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. DEEPAK RAJ U AGED ABOUT 37 YEARS, S/O DEVARAJ ACHARYA, R/AT `DEEPAK SADANA' GOKUL, CHOKKADI, KATAPADI POST KAUP TALUK, UDUPI DISTRICT - 576210. …PETITIONER (BY SRI. K PRASANNA SHETTY.,ADVOCATE) AND: 1. STATE BY UDUPI WOMEN POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 560001. …RESPONDENT (BY Smt.RASHMI PATEL, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50368 CRL.P No. 15318 of 2025 THIS CRL.P IS FILED UNDER SECDTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.44/2025 REGISTERED BY THE RESPONDENT POLICE PENDING ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL CHIEF JUDICIAL MAGISTRATE, UDUPI FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 85, 352, 351(2), 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 Bharatiya Nagarik Sanhita, 2023 praying to grant anticipatory bail in Crime No.44/2025 of Udupi Women Police Station registered for the offences punishable under Sections 85, 352, 351(2), 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent/ State. 3. The learned counsel for the petitioner would contend that, the petitioner himself has left the - 3 - HC-KAR NC: 2025:KHC:50368 CRL.P No. 15318 of 2025 complainant in her parents' house on 10.02.2024. Thereafter, the complainant has not stayed with the petitioner or his family members. The complaint has been filed on 26.09.2025, and there is a delay in filing the complaint. There is no any serious allegations against the petitioner. The other accused, namely accused Nos.2 to 7 have been granted anticipatory bail by the Sessions Court. The petitioner is ready to co-operate with the Investigating Officer in the investigation. The petitioner is not having any criminal antecedents. The offences alleged against the petitioner are not punishable with imprisonment for life. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for the respondent/State would contend that, the petitioner was working in Poona, and he resided with the complainant in Poona for sometime. He is required for investigation. He is having a passport, and if he is granted bail, he will flee from justice, and it will cause delay in - 4 - HC-KAR NC: 2025:KHC:50368 CRL.P No. 15318 of 2025 investigation and trial. With this, she prayed to reject the petition. 5. In reply, the learned counsel for the petitioner submits that the petitioner is ready to surrender the passport before the Trial Court. 6. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record. 7. The petitioner is the husband of complainant, and their marriage had taken place on 18.12.2022. Initially, the petitioner and the complainant resided in Katapadi, and thereafter they shifted to Poona, and they resided in a rented flat. The allegation against the petitioner is that, he was abusing the complainant stating that, she is fat and sufficient dowry has not been given to him. The petitioner himself has left the complainant in her parents' house on 10.02.2024. Thereafter the complainant has not resided with the petitioner or his family members. - 5 - HC-KAR NC: 2025:KHC:50368 CRL.P No. 15318 of 2025 8. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. He has undertaken to co-operate with the Investigating Officer in the investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. 9. Considering the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.44/2025 of Udupi Women Police Station registered for the offences punishable under Sections 85, 352, 351(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 subject to following conditions. - 6 - HC-KAR NC: 2025:KHC:50368 CRL.P No. 15318 of 2025 a) The petitioner shall voluntarily appear before the Investigating Officer within ten days from this day, and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Investigating Officer. b) The petitioner shall co-operate with the Investigating Officer in the investigation, and appear before the Investigating Officer whenever called for. c) The petitioner shall appear before the Trial Court on all dates of hearing, unless exempted and co-operate for speedy disposal for the case. d) The petitioner shall not threaten the complainant and other prosecution witnesses either directly or indirectly. e) The petitioner shall surrender his passport before the Investigating Officer. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 7