- 1 - HC-KAR NC: 2026:KHC:31690 CRL.P No. 2751 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.2751 OF 2026 BETWEEN: SRI. K.KEMPARAJU S/O DHALINARASIMAIAH AGED ABOUT 38 YEARS R/AT KAMSANAHALLI VILLAGE KODIGENAHALLI HOBLI MADHUGIRI TALUK TUMKUR DISTRICT PIN: 572132 …PETITIONER (BY SRI.VENKATESHA, ADVOCATE) AND: THE STATE OF KARNATAKA BY KODIGENAHALI STATION MADHUGIRI TALUK TUMKUR DISTRICT PIN: 572132 REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA …RESPONDENT (BY SMT.RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/SEC.438 CR.PC (FILED U/S 482 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31690 CRL.P No. 2751 of 2026 HONOURABLE COURT MAY BE PLEASED TO DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONER ON BAIL, IN THE EVENT OF HIS ARREST FOR AN OFFENCE PUNISHABLE UNDER SECTION 85, 324(4), 318(2), 115(2), 351(2), 352 OF BHARATHIYA NYAYA SANHITA, 2023 AND SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT, 1961, REGISTERED UNDER CRIME NO.136/2025 OF THE RESPONDENT POLICE, PRL CIVIL JUDGE (SR.DN) AND JMFC, MADHUGIRI, TUMAKURU DISTRICT, ON THE BASIS OF THE FALSE COMPLAINANT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.136/2025 registered by the Kodigenahalli Police Station, Tumakuru for the offences punishable under Sections 85, 324(4), 318(2), 115(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita (BNS), 2023 and under Sections 3 and 4 of the Dowry Prohibition Act, 1961 is before this Court in this petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS, 2023') seeking anticipatory bail. - 3 - HC-KAR NC: 2026:KHC:31690 CRL.P No. 2751 of 2026 2. Heard the learned counsel for the parties. 3. FIR in Crime No.136/2025 was registered for the aforesaid offences by the Kodigenahalli Police Station, Tumakuru, after the private complaint in PCR No.73/2025 filed by the Defacto Complainant - Smt.Kaveri - wife of the petitioner herein, was referred to the police under Section 156(3) of Cr.P.C by the Court of jurisdictional Magistrate. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.5030/2026 before the jurisdictional Sessions Court, which was dismissed as against him on 04.02.2026. Therefore, he is before this Court. 4. In the private complaint filed by the wife of the petitioner, she has alleged that the petitioner and his family members, who had demanded dowry from her, were harassing her in her matrimonial house. She has also alleged that the petitioner has contracted a second marriage. Therefore, she had approached the police in the month of July, 2025. However, the police refused to - 4 - HC-KAR NC: 2026:KHC:31690 CRL.P No. 2751 of 2026 receive her complaint for the reason that the alleged offences were non-cognizable in nature. Subsequently, the private complaint filed by her was referred to the police and the FIR was registered against the petitioner in the month of October, 2025. All the other accused, except the petitioner, have been granted anticipatory bail in the present case by the jurisdictional Sessions Court. The petitioner, who has no other criminal antecedent, has undertaken to co-operate with the police for the purpose of investigation. The alleged offences are triable by the Court of learned Magistrate. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in - 5 - HC-KAR NC: 2026:KHC:31690 CRL.P No. 2751 of 2026 the event of his arrest in Crime No.136/2025 registered by the Kodigenahalli Police Station, Tumakuru for the offences punishable under Sections 85, 324(4), 318(2), 115(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita (BNS), 2023 and under Sections 3 and 4 of the Dowry Prohibition Act, 1961 subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing 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 investigating officer/jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. 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. - 6 - HC-KAR NC: 2026:KHC:31690 CRL.P No. 2751 of 2026 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NBM List No.: 1 Sl No.: 33