- 1 - HC-KAR NC: 2025:KHC:26499 CRL.P No. 9517 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9517 OF 2025 BETWEEN: SATHISH H.C. AGED ABOUT 33 YEARS, S/O CHANDRAPPA, R/A HEGGERE, SIDDHARTHA NAGARA POST, KASBA HOBLI, TUMKUR TALUK AND DISTRICT. …PETITIONER (BY SRI. HARISH G., ADVOCATE) AND: STATE OF KARNATAKA BY TUMKUR WOMEN POLICE, TUMKUR TOWN. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL IN FAVOUR OF THE ABOVE PETITIONER IN THE EVENT OF ARREST IN CR.NO.0097/2025 REGISTERED BY THE RESPONDENT POLICE (TUMKUR WOMEN POLICE, TUMKUR CITY) FOR THE OFFENCES PUNISHABLE U/SEC. 85, 115(2), 351(2), 352 R/W 3(5) OF BNS AND SECTION 4 OF DOWRY PROHIBITION ACT BY ALLOWING THE SAME. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26499 CRL.P No. 9517 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.1 in Crime No.97/2025 registered by Tumakuru Women Police Station, Tumakuru, for the offences punishable under Sections 85, 115(2), 351(2), 352, 3(5) of BNS, 2023, and Section 4 of the Dowry Prohibition Act, 1961, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.97/2025 was registered by Tumakuru Women Police Station, Tumakuru, for the aforesaid offences against the petitioner and others based on the first information dated 29.05.2025 received from Shobha who is the wife of the petitioner herein. Apprehending arrest in the case, petitioner had filed Crl. Misc. No.794/2025 before the jurisdictional Sessions Court, which was rejected on 26.06.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:26499 CRL.P No. 9517 of 2025 4. Perusal of the material on record would go to show that marriage of the petitioner with the first informant was solemnized on 25.02.2016 and the said marriage was a love marriage. The allegation in the first information is that after the marriage, petitioner was in the habit of abusing and assaulting the first informant and also demanding additional dowry from her. Undisputedly, no criminal case was registered against the petitioner earlier. On the other hand, material on record would go to show that the first informant was found missing from the house of the petitioner, and therefore, petitioner had filed a missing complaint before Gubbi Police Station, which was registered in Crime No.68/2025 on 28.02.2025. 5. Be that as it may, 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. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 6. Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the - 4 - HC-KAR NC: 2025:KHC:26499 CRL.P No. 9517 of 2025 petitioners in the event of his arrest in Crime No.97/2025 registered by Tumakuru Women Police Station, Tumakuru, for the offences punishable under Sections 85, 115(2), 351(2), 352, 3(5) of BNS, 2023, and Section 4 of the Dowry Prohibition Act, 1961, subject to the following conditions: 1. 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 likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. 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. 4. Petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK