- 1 - HC-KAR NC: 2025:KHC-D:11996 CRL.P No. 103550 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103550 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: KIRAN S/O BASAVARAJ YELLOGI, AGE. 32 YEARS, OCC. PRIVATE SERVICE, R/O. #193/4, CHURCH ROAD, TUMARIKOPPA, TQ. KALAGHATAGI, DIST. DHARWAD-581 204. … PETITIONER (BY SRI. CHETAN T. LIMBIKAI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH DHARWAD WOMEN P.S., DHARWAD, R/BY S.P.P., SPP OFFICE, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST ON SUCH TERMS AND CONDITIONS AS DEEMS FIT TO THIS COURT, IN DHARWAD WOMEN P.S. CRIME NO.15/2025 PENDING ON THE FILE OF IV ADDITIONAL SENIOR CIVIL JUDGE AND JMFC DHARWAD, FOR OFFENCES PUNISHABLE UNDER SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT, 1961 AND UNDER SECTIONS 351, 3(5), 115(2), 352 AND 85 OF BNS-2023 (CORRESPONDING SECTIONS 503, 34, 323, 504 AND 498(A) OF IPC), TO MEET THE ENDS OF JUSTICE. 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 - 2 - HC-KAR NC: 2025:KHC-D:11996 CRL.P No. 103550 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in Crime No.15 of 2025 registered by Dharwad Women Police Station, Dharwad, for offences punishable under Sections 351, 3(5), 115(2), 352 and 85 of BNS 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961, is before this Court under Section 482 of BNSS 2023 seeking anticipatory bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.15/2025 was registered by Dharwad Women Police Station, Dharwad, for the aforesaid offences against the petitioner and his mother based on the first information dated 13.08.2025 received from Rajeshwari, who is the wife of the petitioner herein. 4. Apprehending arrest in the case, the petitioner had filed Criminal Miscellaneous No.353/2025, which was rejected as against him on 01.09.2025 by the Jurisdictional - 3 - HC-KAR NC: 2025:KHC-D:11996 CRL.P No. 103550 of 2025 Sessions Court. Under these circumstances, the petitioner is before this Court. 5. Perusal of the material on record would go to show that marriage of the first informant with petitioner was solemnized on 25.04.2021 and from the wedlock, they have a male child. Allegation against the accused in the first information is that, after marriage the first informant was being ill-treated in her matrimonial house and there was a demand for bringing additional dowry and in furtherance of the said demand, the accused were abusing and assaulting the victim. The last alleged incident had taken place on 22.06.2025, in which the first informant was abused and assaulted by accused persons and she also was criminally intimidated. However, the first information is belatedly filed on 13.08.2025. Accused No.2, who is the mother of the petitioner herein was been granted anticipatory bail in the present case by the Jurisdictional Court of Sessions Judge. Undisputedly the petitioner has no criminal antecedent. The maximum punishment for the alleged offences is - 4 - HC-KAR NC: 2025:KHC-D:11996 CRL.P No. 103550 of 2025 imprisonment for a period of 3 years and alleged offences are triable by the Court of Magistrate. Petitioner is ready and willing to cooperate with the police for the purpose of investigation. 6. Considering the aforesaid aspect of the matter, I am of the opinion that the prayer made by him for grant of anticipatory bail is to be answered in the affirmative. Accordingly, the following: ORDER i. Criminal Petition is allowed. ii. 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.15 of 2025 registered by Dharwad Women Police Station, Dharwad, for offences punishable under Sections 351, 3(5), 115(2), 352 and 85 of BNS 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC-D:11996 CRL.P No. 103550 of 2025 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; iv. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 26