Praveen S.D. @ Praveen Kumar Vs the State of Karnataka — Anticipatory Bail | Karnataka HC (2025)

Praveen S.D. @ Praveen Kumar Vs the State of Karnataka — Anticipatory Bail | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail under Section 482 BNSS, 2023: petitioner/accused No.2 in Crime No.150/2025 of Alur Police Station, Hassan, to be released in the event of arrest, subject to (a) appearance before the Investigation Officer within one week and execution of a bond of Rs.1,00,000/- with two sureties for the like sum, (b) furnishing residential address/contact number and informing the I.O. of changes, (c) co-operation with investigation, (d) no tampering with prosecution evidence/witnesses, and (e) regular attendance at court proceedings.

Issue for consideration

Whether the petitioner (accused No.2) in Crime No.150/2025 of Alur Police Station, Hassan, charged for offences punishable under Sections 109, 61(2), r/w 3(5) of BNS Act (alleged conspiracy/instigation to murder the first informant by poisoning), is entitled to anticipatory bail under Section 482 BNSS, 2023.

Court's answer

The petition is allowed: the petitioner/accused No.2 in Crime No.150/2025 registered by Alur Police Station, Hassan, shall be released in the event of his arrest, subject to conditions imposed by the court.

Ratio / Principle

Release is conditioned on the petitioner appearing before the Investigation Officer within one week of receipt of the order and executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two sureties for the like sum, together with furnishing address/contact details, co-operating with investigation, not tampering with evidence/witnesses, and regular attendance at court proceedings.

Key takeaways

Grounds on which relief was extended: the prosecution is yet to establish the petitioner's conspiracy with accused No.1 to commit the murder of the complainant; accused No.1 has already been enlarged on bail; the petitioner has no criminal antecedents and has undertaken to co-operate with the investigation.ratio¶38

Detailed headnote1 paragraphs

Anticipatory bail — Section 482 BNSS, 2023 — offences punishable under Sections 109, 61(2), r/w 3(5) BNS, 2023 (conspiracy/instigation to commit murder by administering poison mixed in alcohol) — Crime No.150/2025, Alur Police Station, Hassan. First informant Prathap S.R. alleged that his wife Drakshayini (accused No.1) and the petitioner (accused No.2) had an illicit relationship and conspired to eliminate him; conspiracy allegedly revealed from an audio conversation recorded on his mobile phone, which has been sent to the FSL. Incident dated 19.6.2025; complaint lodged 21.7.2025. Accused No.1 already enlarged on bail; petitioner has no criminal antecedents and undertook to co-operate with investigation. Petition allowed: release in the event of arrest subject to bond of Rs.1,00,000/- with two like sureties, appearance before I.O. within one week, furnishing address/contact details, co-operation with investigation, abstention from tampering, and regular court attendance. (Mohammad Nawaz, J., 11.09.2025)

NC: 2025:KHC:36068 CRL.P No. 11958 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11958 OF 2025

BETWEEN:

PRAVEEN S.D. @ PRAVEEN KUMAR S/O DODDATHAMMEGOWDA, AGED ABOUT 35 YEARS, RESIDING AT SINGADONAHALLI VILLAGE, PALYA HOBLI, ALUR TALUK, HASSAN DISTRICT-573 218.

…PETITIONER

(BY SRI. MAHESH M.R., ADVOCATE)

AND:

Digitally signed by LAKSHMI T Location: High Court of Karnataka

THE STATE OF KARNATAKA ALUR POLICE REP BY SPP, HIGH COURT BUILDING, BENGALURU-560 001.

…RESPONDENT

(BY MS. ASMA KOUSER, ADDL. SPP)

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL IN CRIME NO.150/2025 FOR THE OFFENCE PUNISHABLE U/S 109, 61(2), R/W 3(5) OF BNS ACT, ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (J.D) AND JMFC COURT ALUR, HASSAN DISTRICT.

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

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NC: 2025:KHC:36068 CRL.P No. 11958 of 2025

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

This petition is preferred under Section 482 of BNSS, 2023, to enlarge the petitioner on anticipatory bail in a case registered at Alur Police Station, Hassan in Crime No.150/2025, for the offence punishable under Section 109, 61(2) r/w 3(5) of BNS, 2023.

Heard the learned counsel for petitioner, learned Addl. SPP for the State and perused the material on record.

In brief, it is alleged by the 1^st first informant by name Prathap S.R., that his wife Drakshayini (accused No.1) and the petitioner (accused No.2) is having an illicit relationship and both of them have conspired to eliminate him and in furtherance of the same, at the instigation of petitioner, his wife mixed some poison in the bottle

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containing alcohol and drinking the same, he developed stomach pain and admitted to the hospital.

As per complaint averments, the complainant developed suspicion about his wife and therefore, recorded an audio conversation in his mobile phone, which revealed the conspiracy between his wife and the petitioner.

Learned Addl. SPP has contended that

complainant’s mobile phone has been sent to the FSL to retrieve the voice recording. She contended that the petitioner has conspired with the complainant’s wife to commit his murder and therefore, he is not entitled for the relief of anticipatory bail.

The incident is said to have taken place on 19.6.2025. The complaint is lodged on 21.7.2025. According to prosecution, from the recorded conversation of the accused, their conspiracy was revealed.

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The prosecution has to establish that the

petitioner along with accused No.1 conspired to commit the murder of complainant. Accused No.1 is said to have been enlarged on bail. Petitioner has no criminal antecedents. He has undertaken to co-operate with the investigation of the case. Hence, by imposing necessary conditions, the relief sought in the petition can be granted. Accordingly, the following:

ORDER

Petition is allowed .

Petitioner/accused No.2 in Crime No.150/2025

registered by Alur Police Station, Hassan, shall be released in the event of his arrest, subject to following conditions:

a) He shall appear before the Investigation Officer within one week from the date of receipt of a copy of this order and shall execute a bond for a sum of Rs.1,00,000/(Rupees one lakh only) with two sureties for the likesum.

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b) He shall furnish his residential address/contact number and shall inform the I.O. in case of change in the address/contact number.

c) He shall co-operate with the investigation of the case.

d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly.

e) He shall be regular in attending the Court proceedings.

Sd/(MOHAMMAD NAWAZ) JUDGE

HB,TL

List No.: 1 Sl No.: 34