- 1 - HC-KAR NC: 2025:KHC-D:9524 CRL.P No. 102257 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102257 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: MAHESH S/O CHAMBANNA BANDIWAD, AGE. 48 YEARS, OCC. STUDENT, R/AT. MORAB, TQ. NAVALGUND, DIST. DHARWAD-582 208. … PETITIONER (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, NAVALGUND POLICE STATION, DHARWAD, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. SMT. VIJAYLAXMI D/O MARIAPPA BANDUR, AGE. 42 YEARS, OCC. PDO, R/AT. KOLIWAD, TQ. HUBBALLI, DIST. DHARWAD-581 195. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. (482 OF BNSS), PRAYING TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER/ACCUSED ON BAIL IN THE EVENT OF THEIR ARREST TO ALLEGED OFFENCE P/U/SEC. 132, 352, 79 OF BNS, 2023 IN NAVALGUND POLICE STATION CRIME NO.79/2025 PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR. DN) AND JMFC, COURT, AT: NAVALGUND. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9524 CRL.P No. 102257 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused in Crime No.79/2025 registered by Navalgund Police Station, Dharwad for offences punishable under Sections 132, 352 and 79 of Bharatiya Nyaya Sanhita, 2023, is before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.79/2025 is registered by Navalgund Police Station, Dharwad for the aforesaid offences against the petitioner, based on the first information dated 26.05.2025 received from Smt. Vijayalaxmi Mariayappa Baradur, Panchayath Development Officer of Morab Gram Panchayath, Dharwad District. Apprehending arrest in the said case, petitioner had filed Crl. Misc. No.236/2025 before the Jurisdictional Sessions Court, which was rejected on 10.06.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:9524 CRL.P No. 102257 of 2025 4. Perusal of the material on record would go to show that, the petitioner is the husband of Smt. Rajeshwari, who is the sitting member of Morab Gram Panchayath. First informant is working as Panchayath Development Officer in the same Grama Panchayath. Allegation against the petitioner is that after consuming alcohol, he had spoken ill about the first informant with one Gurusiddappa, working as data operator in the Grama Panchayath, it is alleged that petitioner had used filthy language against the first informant. 5. The alleged offences are triable by the Court of Magistrate and maximum punishment for the said offences is imprisonment for a period of three years. Petitioner has undertaken to co-operate with the Police for the purpose of investigation. However, considering the nature of allegations found against the petitioner, I am of the opinion that his prayer for grant of anticipatory bail needs to be answered affirmatively subject to imposing appropriate conditions. Accordingly, the following: - 4 - HC-KAR NC: 2025:KHC-D:9524 CRL.P No. 102257 of 2025 ORDER The petition is allowed. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.79/2025 registered by Navalgund Police Station, Dharwad for offences punishable under Sections 132, 352 and 79 of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: i. The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer. ii. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. - 5 - HC-KAR NC: 2025:KHC-D:9524 CRL.P No. 102257 of 2025 iv. The petitioner shall not involve in similar offences in future. v. Petitioner is directed to appear before the Station House Officer of Navalgund Police Station on every alternative Sunday of the month between 10:00 a.m. and 01:00 p.m. and mark his attendance before the Station House Officer of Navalgund Police Station till the investigation is completed and final report is filed. Sd/- (S.VISHWAJITH SHETTY) RSH CT:BCK LIST NO.: 1 SL NO.: 18