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2026 DAILYLAW 33174 (KAR)

SRI CHETAN L LAKSHMINARAYAN v. STATE OF KARNATAKA

CRL.P/12119/2026 · 2026-08-11

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010554042026 NC: 2026:KHC:42410 CRL.P No. 12119 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12119 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI. CHETAN LAKSHMINARAYAN S/O LAKSHMINARAYAN C, AGED ABOUT 35 YEARS, NO.2, 1ST CROSS, OPP K.T. TRANSPORT, SHIVASHANKAR BLOCK, HEBBAL, BENGALURU NORTH, H. A. FARM BANGALORE – 560 024. …PETITIONER (BY SRI. MALLIKARJUNA T., ADVOCATE) AND: STATE OF KARNATAKA BY NORTH WOMEN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT, BENGALURU – 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING THAT PLEASED TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.94/2026 OF NORTH WOMEN POLICE STATION, BENGALURU REGISTERED FOR THE OFFENCE P/US/ 85,115(2),351(2),352 R/W SEC.3(5) OF BNS 2023 AND SEC.3,4 OF DP ACT 1961 PENDING ON THE FILE OF THE HONBLE 32ND ACJM, BENGALURU. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010554042026 NC: 2026:KHC:42410 CRL.P No. 12119 of 2026 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.94/2026 registered by North Women Police Station, Bengaluru, for the offences punishable under Sections 85, 115(2) 351(2), 352, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961, is before this Court in this criminal petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.94/2026 was registered by North Woman Police Station, Bengaluru, for the aforesaid offences against the petitioner and his parents, on the basis of the first information dated 06.07.2026 received from Smt.Megha P., who is wife of the petitioner. Apprehending arrest in the said case, the petitioner along with his parents had filed Crl.Misc.No.6769/2026 before - 3 - HC-KAR CNR: KAHC010554042026 NC: 2026:KHC:42410 CRL.P No. 12119 of 2026 the Jurisdictional Sessions Court at Bengaluru and the same was rejected as against the petitioner on 23.07.2026. Therefore, the petitioner is before this Court 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, prays to allow the petition. 5. Per contra, learned High Court Government Pleader has opposed the bail application and prays to dismiss the petition. 6. Perusal of the averments in the first information would go to show that the first informant is the second wife of the petitioner. The petitioner's first marriage was dissolved by a decree of divorce in M.C.No.278/2021 passed by the learned IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru vide order dated 15.12.2022. It appears that subsequent to the said divorce, the petitioner married the first informant in the present case. It is the case of the first informant that - 4 - HC-KAR CNR: KAHC010554042026 NC: 2026:KHC:42410 CRL.P No. 12119 of 2026 after the marriage, the petitioner and his parents had looked after her properly for about two months. The first informant has alleged that the petitioner was not interested to cohabit with her and her marriage was not consummated. She subsequently came to know that the petitioner is a Gay and it is under these circumstances, the first marriage of the petitioner was dissolved by a decree of divorce. She has made omnibus allegation against the petitioner and his relatives about ill-treatment in her matrimonial home and she has stated that she had abandoned the company of the petitioner and returned to her parents. 7. Material on record would go to show that the first informant has already approached the jurisdictional family Court at Bengaluru in MC No.4342/2026, under Section 12(1)(a) of the Hindu Marriage Act, 1955, for declaration of her marriage with the petitioner as nullity. - 5 - HC-KAR CNR: KAHC010554042026 NC: 2026:KHC:42410 CRL.P No. 12119 of 2026 8. Considering the aforesaid aspects of the matter and also taking into consideration the nature of allegation against the petitioner, I am of the considered opinion that the prayer made by the petitioner for grant of anticipatory bail is required 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 the event of his arrest in Crime No.94/2026 registered by North Women Police Station, Bengaluru, for the offence punishable under Sections 85, 115(2) 351(2), 352, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of 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 - 6 - HC-KAR CNR: KAHC010554042026 NC: 2026:KHC:42410 CRL.P No. 12119 of 2026 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 witnesses 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 DL List No.: 1 Sl No.: 34