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2026 DAILYLAW 26674 (KAR)

PRAHALADA. H, v. STATE OF KARNATAKA

CRL.P/9449/2026 · 2026-07-06

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33696 CRL.P No. 9449 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9449 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: PRAHALADA H., S/O PUJAR HANUMANTHAPPA AGED ABOUT 32 YEARS, R/AT BISTUVALLI, RASTEMAKUNTE, BIDARAKERE, DAVANAGERE, KARNATAKA -577521. …PETITIONER (BY SMT. DEEPTHI SHETTY, ADVOCATE FOR SRI. DHANANJAY KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HADADI PS, DAVANAGERE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. SMT. ASHA B. M., W/O PRAHALADA H AGED ABOUT 35 YEARS R/AT LOKIKERE VILLAGE, DAVANAGERE TALUK AND DIST, DAVANAGERE, KARNATAKA- 577 521. (RESPONDENT NO.2 DELETED VIDE ORDER DATED 06.07.2026) …RESPONDENTS Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33696 CRL.P No. 9449 of 2026 (BY SRI. RANGASWAMY R., HCGP FOR R1; R2 DELETED V/O. DATED 06.07.2026) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.77/2026 REGISTERED BY THE HADADI P.S. ON THE FILE OF THE III ADDL.CIVIL JUDGE AND J.M.F.C. COURT DAVANAGERE DIST. DAVANAGERE FOR THE OFFENCE P/U/S 85,115(2),352,351(2) R/W 3(5) OF THE BNS 2023 AND SEC.3,4 OF D.P ACT. 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.77/2026 registered by Hadadi Police Station, Davanagere for the offences punishable under Sections 85, 115(2), 352 and 351(2) read with Section 3(5) of BNS, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961 is before this Court. This petition is filed under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the petitioner and learned HCGP on behalf of the respondent-State. - 3 - HC-KAR NC: 2026:KHC:33696 CRL.P No. 9449 of 2026 3. FIR in Crime No.77/2026 registered by Hadadi Police Station, Davanagere for the aforesaid offences against petitioner and his relatives based on the first information dated 21.05.2026 received from Smt.Asha.B.M who is the wife of the petitioner. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.434/2026 before the jurisdictional Sessions Court which was dismissed as against him on 09.06.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that marriage of the first informant with the petitioner was solemnized on 02.07.2017 and from the said wedlock the couple have two minor children. In the first information it is alleged that at the time of marriage the accused persons had demanded dowry and accordingly, the parents of the first informant had paid cash and jewelry to the accused persons. After the marriage, the accused persons were not properly taking - 4 - HC-KAR NC: 2026:KHC:33696 CRL.P No. 9449 of 2026 care of the first informant in the matrimonial house and she was being allegedly abused and assaulted. 5. It is alleged that on 03.03.2025 at about 09.00 p.m. petitioner herein had assaulted his wife and as a result she had sustained injuries. Admittedly, she has neither taken any treatment in any hospital for the injuries sustained by her nor had she approached the police. Subsequently, on 23.02.2026 she had abandoned her husband and had taken shelter in her parents' house along with her children. The first information was subsequently filed on 21.05.2026 with regard to the alleged incident that had taken place on 03.03.2025. Except the petitioner all the other accused persons have been granted anticipatory bail in the present case. Petitioner is said to be working as Second Division Assistant in the Judicial Department. Under these circumstances, I am of the opinion that his prayer for grant of anticipatory bail needs to be answered affirmatively. - 5 - HC-KAR NC: 2026:KHC:33696 CRL.P No. 9449 of 2026 6. Accordingly, the following: 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.77/2026 registered by Hadadi Police Station for the offences punishable under Sections 85, 115(2), 352 and 351(2) read with Section 3(5) of BNS, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961, subject to the following conditions: 1. 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 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. - 6 - HC-KAR NC: 2026:KHC:33696 CRL.P No. 9449 of 2026 3. Petitioner shall not tamper with the prosecution witnesses and he shall co- operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NS CT:TSM List No.: 1 Sl No.: 41