- 1 - HC-KAR CNR: KAHC010638512026 NC: 2026:KHC:53521 CRL.P No. 14200 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14200 OF 2026 BETWEEN: SRI. GOVINDARAJU N, S/O. NARASIMHAPPA, AGED ABOUT 27 YEARS, RESIDING AT: DODDADALAVATTA VILLAGE, I.D. HALLI HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT. …PETITIONER (BY SRI. SRINIVAS S.R, ADVOCATE) AND: THE STATE OF KARNATAKA BY KODIGENAHLLI POLICE STATION KODEGENAHLLI, HINDUPURA ROAD, MADHUGIRI, TUMAKURU DISTRICT, KARNATAKA - 562 127, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER / ACCUSED NO.1 IN CRIME NO.109/2026 DATED Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010638512026 NC: 2026:KHC:53521 CRL.P No. 14200 of 2026 22.07.2026 FOR THE OFFENCES P/U/S 85, 109, 115(2), 351(2), 352, 3(5) OF BNS AND U/S 3 AND 4 OF DP ACT FILED BY THE RESPONDENT KODEGENAHALLI POLICE STATION, PRESENTLY PENDING BEFORE THE HONBLE PRINCIPAL CIVIL JUDGE (SENIOR DIVISION) AND CJM COURT MADHUGIRI, TUMAKURU DISTRICT IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE, UPON SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT MAY DEEMS FIT TO IMPOSE, IN THE FACTS AND CIRCUMSTANCES OF THE CASE. 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.109/2026 registered by Kodigenahalli Police Station, Tumakuru for the offences punishable under Sections 85, 109, 115(2), 351(2), 352 read with Section 3(5) of BNS, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961, is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. - 3 - HC-KAR CNR: KAHC010638512026 NC: 2026:KHC:53521 CRL.P No. 14200 of 2026 2. Heard the learned counsel for the parties. 3. FIR in Crime No.109/2026 was registered by Kodigenahalli Police Station, Tumakuru for the aforesaid offences against the petitioner and others, based on the first information dated 22.07.2026 received from Ashwini K.N., who is the injured victim in the present case. Apprehending arrest in the case, the petitioner had filed Crl.Misc.No.5274/2026 before the jurisdictional Sessions Court, which was rejected on 07.08.2026. Therefore, he is before this Court. 4. Perusal of the first information would go to show that the first informant is the wife of the petitioner and their marriage was a love marriage. It is alleged that, on 01.07.2026, the petitioner allegedly fought with his wife and tried to smother her to death by using a pillow. In respect of the alleged incident that had taken place on 01.07.2026, FIR has been belatedly registered on 22.07.2026, which is after a period of three weeks. There - 4 - HC-KAR CNR: KAHC010638512026 NC: 2026:KHC:53521 CRL.P No. 14200 of 2026 is no proper explanation for the said inordinate delay in approaching the Police. 5. Learned counsel for the petitioner has submitted that, prior to registration of the present FIR, the wife of the petitioner had approached the very same Police Station making similar allegations, pursuant to which FIR was registered in Crime No.91/2026 for the offences punishable under Section 115(2), 351(2), 352, 49 and 85 read with Section 3(5) of BNS, 2023. 6. Undisputedly, the victim has not suffered any grievous injury in the incident in question. The petitioner has undertaken to co-operate with the Police for the purpose of investigation. Accordingly, the following: O R D E R i) The criminal petition is allowed. ii) The respondent - Police or any other police in the State of Karnataka are directed to release the - 5 - HC-KAR CNR: KAHC010638512026 NC: 2026:KHC:53521 CRL.P No. 14200 of 2026 petitioner in the event of his arrest in Crime No.109/2026 registered by Kodigenahalli Police Station, Tumakuru for the offences punishable under Sections 85, 109, 115(2), 351(2), 352 read with Section 3(5) of BNS, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961, subject to the following conditions: a) 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. b) The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c) 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 CNR: KAHC010638512026 NC: 2026:KHC:53521 CRL.P No. 14200 of 2026 d) The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE SHS List No.: 1 Sl No.: 84