- 1 - HC-KAR NC: 2025:KHC:29484 CRL.P No. 9991 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9991 OF 2025 BETWEEN: K.M. SHIVAPRASAD @ SHIVAPRASAD K.M. ALIAS ABHIJITH S/O K.S. MANJUNATHA GUPTA, AGED ABOUT 38 YEARS, R/AT POORNABI NILAYA, OPP CIVIL BUS STAND, MADHUGIRI TOWN, MADHUGIRI, TUMAKURU, DIST-572 132. …PETITIONER (BY SRI. SHEKARAPPA, ADVOCATE) AND: STATE BY KARNATAKA TUMAKURU WOMEN POLICE STATION, TUMAKURU-572 101, NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT BENGALURU, HIGH COURT COMPLEX, BANGALORE-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO DIRECT THE TUMAKURU WOMEN POLICE STATION TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST IN Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29484 CRL.P No. 9991 of 2025 CRIME NO.109/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTION 498(A), 323, 312, 114, 307, 504, 506 R/W 34 OF INDIAN PENAL CODE, ON THE FILE OF TUMAKURU WOMEN POLICE STATION, BEFORE THE II ADDL. SENIOR CIVIL JUDGE AND JMFC COURT, AT TUMAKURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.1 in Cr.No.109/2025 of Tumakuru Women Police Station, Tumakuru, has preferred this petition seeking anticipatory bail. 2. Aforementioned crime is registered against the petitioner and five others for offence punishable under Section 498A, 323, 312, 114, 307, 504, 506 r/w 34 of IPC, on a complaint lodged by the wife of the petitioner. 3. Heard both sides and perused the material on record. 4. The complaint averments disclose that the complainant and the petitioner got registered their - 3 - HC-KAR NC: 2025:KHC:29484 CRL.P No. 9991 of 2025 marriage on 6.4.2011 at Sub-Registrar office, Koramangala and thereafter, their family members performed their marriage on 14.10.2011 and it was a love-cum-arranged marriage. The complainant has alleged that the petitioner used to abuse her in filthy language and he was having illicit relationship with other women and quarrelling with her frequently. On 17.11.2022, she lodged a complaint against her husband and one Komala at Women Police Station, Tumakuru. The said Komala was later advised not to continue her relationship with the petitioner and in this regard she gave a bond. Complainant has further alleged that petitioner and his family members used to abuse, assault her etc. and whenever she got pregnant, he gave her some medicine to abort the pregnancy and he harassed her physically and mentally saying that she is having an illicit relationship etc. 5. FIR is registered against the petitioner, his relatives and friends. - 4 - HC-KAR NC: 2025:KHC:29484 CRL.P No. 9991 of 2025 6. Learned counsel has contended that complaint is lodged only after petitioner filed a petition seeking divorce and after the summons were issued to the complainant in the said case. He further contended that initially, in the year 2022, petitioner filed a divorce petition but the said case was later compromised and the couple started living together, but once again some dispute arose between them and therefore, complainant started living in her parental home. He contended that one more divorce petition was filed on 22.4.2025 and after summons were served to the complainant in the said case, instant complaint was lodged on 13.6.2025, making reckless allegations against the petitioner, his relatives and friends. 7. It appears that there are serious differences between the complainant and her husband/petitioner. After a petition seeking divorce was filed by the petitioner, complaint was lodged. The allegations have to be established in due course. The averments in the complaint does not disclose the ingredients of the offence punishable - 5 - HC-KAR NC: 2025:KHC:29484 CRL.P No. 9991 of 2025 under Section 307 IPC, however, it is a matter to be established in due course. Accused Nos.2 to 6 named in the FIR are enlarged on bail by the learned Sessions Judge. Petitioner has undertaken to co-operate with the investigation of the case and to furnish sufficient surety to ensure his regular presence before the trial Court. Hence, the following: ORDER 1. Petition is allowed. 2. Petitioner/accused No.1 in Cr.No.109/2025 of Tumakuru Women Police Station, Tumakuru, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the likesum. - 6 - HC-KAR NC: 2025:KHC:29484 CRL.P No. 9991 of 2025 b) He shall furnish his residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 34