IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13509 OF 2025 (438(Cr.PC) / 482(BNSS))

BETWEEN:

1. MANJUNATH K B @ MANJUNATH GOWDA S/O BYLAPPA, AGED ABOUT 49 YEARS, R/AT. NO.27, VAJAYAKAYA NILAYA, 2^ND CROSS, NEAR BASAVAMMA TEMPLE, KITTANAHALLI, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU DISTRICT-562 130.

…PETITIONER (BY SRI. B N MAHESH CHANDRA, ADVOCATE FOR SRI MANIKANTA H B.,ADVOCATE)

Digitally signed by AND:

LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH 1. STATE BY COURT OF KARNATAKA MADANAYAKANAHALLI PS, BENGALURU RURAL DISTRICT -562 162 [REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BANGALORE]

…RESPONDENT (BY SMT. RASHMI PATEL., HCGP)

THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT AN ORDER OF BAIL DIRECTING THE RESPONDENT POLICE TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST FOR AN ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 74, 75, 115(2), 351(2), 352, 308 R/W 3(5) OF BNS ACT, 2023 REGISTERED UNDER CR.NO.513/2025, MADANAYAKANAHALLI P.S, BENGALURU RURAL DISTRICT, AND PENDING ON THE FILE OF ADDL.CIVIL JUDGE (JR.DN) AND JMFC COURT, NELAMANGALA, BENGALURU RURAL DISTRICT, BY IMPOSING SUCH CONDITIONS AS THIS HONBLE COURT MAY DEEM FIT WHICH THE PETITIONER ARE READY TO ABIDE IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by accused No.1 under Section

482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.513/2025 of Madanayakanahally Police Station registered for the offences punishable under Sections 74, 75, 115(2) 351(2), 352, 308 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023.

2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent/state.

3. The learned counsel for petitioner would contend that, the incident has taken place on 15.06.2025, and the complaint has been filed on 16.06.2025, and there is a delay in filing the complaint. The injured sustained only simple injury, and has been discharged from the hospital. Accused No. 2, who is the wife of this petitioner, has been granted anticipatory bail by the Sessions Court. The petitioner is ready to cooperate with the police in investigation, and abide by any conditions to be imposed by this Court. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. With this, he prayed to allow the petition.

4. Per contra, the learned High Court Government Pleader for respondent/State would contend that, the statement of victim has been recorded under Section 183 of BNS, 2023, wherein she has specifically stated the acts of the petitioner. The investigation is in progress. In spite of issuance of notice thrice, the petitioner has not appeared before the Investigating Officer for interrogation. She further submits that as per wound certificate, the injured has sustained one simple injury. With this, she prayed to reject the petition.

5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record.

6. On the complaint of one Smt. Nirmala, a case has been registered against the petitioner and accused No.2 in Crime No.513/2025 of Madanayakanahally Police Station for the offences punishable under Sections 74, 75, 115(2), 351(2), 352, 308 read with 3(5) of BNS, 2023.

7. The accused No.2 has been granted anticipatory bail by the Sessions Court. There is an allegation in the first information that, this petitioner has assaulted the first informant, and abused her and behaved in an indecent manner. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The injured has sustained only one simple injury. The petitioner has u