- 1 - HC-KAR NC: 2025:KHC:43509 CRL.P No. 13539 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13539 OF 2025 [(438(Cr.PC) / 482(BNSS)] BETWEEN: ALLAH BAKSHI S/O. MOHAMMED KHASIM SAB, AGED ABOUT 33 YEARS, OCC: DRIVER, R/O. 1ST CROSS, A BLOCK, DAVANAGERE - 577 001. PRESENT ADDRESS: DOOR NO.590, 11TH CROSS, RAZA ULLA MUSTAFA NAGAR, DAVANAGERE CITY, DAVANAGERE - 577 001. …PETITIONER (BY SRI. VIJAY KUMAR T., ADVOCATE) AND: THE STATE OF KARNATAKA STATE BY DAVANAGERE WOMEN POLICE STATION, DAVANAGERE - 577 001 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATH B., ADDITIONAL SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43509 CRL.P No. 13539 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNNS) PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN C.C.NO.3096/2024 ARISING OUT OF CRIME NO.12/2024 REGISTERED BY DAVANAGERE WOMEN POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 325, 498a, 504, 506 AND 313 OF IPC AND THE SAME IS PENDING ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT DAVANAGERE. 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 438 of Code of Criminal Procedure praying to grant anticipatory bail in C.C.No.3096/2024 pending on the file of II Additional Senior Civil Judge and JMFC, Davanagere (arising out of Crime No.12/2024 of Davanagere Women Police Station) registered for offences punishable under Sections 325, 498A, 504, 506 and 313 of Indian Penal Code. - 3 - HC-KAR NC: 2025:KHC:43509 CRL.P No. 13539 of 2025 2. Heard the Learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State. 3. Learned counsel for petitioner would contend that, the alleged incident has taken place on 16.01.2023 and a complaint has been filed on 10.02.2024 and there is delay in filing the complaint. Prior to the said complaint, the victim has appeared before the Police on 16.01.2023 and made a complaint and there is no allegation of assault on her by the petitioner/accused No.1. The miscarriage of the victim pregnancy has been taken on 25.01.2023 and at that victim was residing in the house of her parents. The charge sheet has been filed and therefore, the petitioner is not required for custodial interrogation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor would contend that, the wound certificate - 4 - HC-KAR NC: 2025:KHC:43509 CRL.P No. 13539 of 2025 indicate that, the victim has sustained severe injury. The charge sheet materials show that, there is a prima-facie case against the petitioner. The petitioner remained absconding and the same has been shown in the charge sheet. If the petitioner/accused No.1 is granted anticipatory bail, he will threaten the complainant and other prosecution witnesses. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for the parties, the Court has perused the charge sheet and other materials placed on record. 6. The marriage of the petitioner with C.W.1 has taken place on 02.12.2018 and she lead marital life with the petitioner/accused No.1. Thereafter, she got a child. There is an allegation against the petitioner/accused No.1 that he used to harass the C.W.1 and a complaint has been filed in that regard by C.W.1 before the Davanagere Women Police Station. Thereafter, both the petitioner/accused No.1 and C.W.1 were residing together - 5 - HC-KAR NC: 2025:KHC:43509 CRL.P No. 13539 of 2025 and again she gave birth to the second child. Thereafter, when C.W.1 became pregnant, he assaulted her on 16.01.2023 and kicked on her stomach and she went to the Chigateri Hospital and thereafter, filed a complaint in Mahila Police Station. Thereafter, there was an abortion of pregnancy of C.W.1 on 25.01.2023 and she filed a complaint on 21.06.2023. After the investigation, the charge sheet has been filed. The petitioner/accused No.1 has been shown as absconding in the charge sheet. As the charge sheet is filed, the petitioner/accused No.1 is not required for custodial interrogation. The offences alleged against the petitioner/accused No.1 is not punishable with death. The petitioner/accused No.1 has undertaken to appear before the Trial Court on all dates of hearing. 7. Considering the above aspects, the petitioner/accused No.1 has made out a case for grant of anticipatory bail with conditions. In the result, the following; - 6 - HC-KAR NC: 2025:KHC:43509 CRL.P No. 13539 of 2025 ORDER This Criminal Petition is allowed. The petitioner/accused No.1 is granted anticipatory bail in C.C.No.3096/2024 pending on the file of II Additional Senior Civil Judge and JMFC, Davanagere (arising out of Crime No.12/2024 of Davanagere Women Police Station) and is ordered to be released on bail in the event his arrest, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Jurisdictional Court / Investigating Officer. ii) The petitioner shall voluntarily appear before the Jurisdictional Court/ Investigating Officer within 10 days from this day and execute bail bond and furnish surety. iii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. - 7 - HC-KAR NC: 2025:KHC:43509 CRL.P No. 13539 of 2025 iv) The petitioner shall appear before the Trial Court on all the dates of hearing unless exempted by the Court and cooperate for the speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 10