Nihal B.R. Vs the State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.No.59/2025 PENDING ON THE FILE OF THE HON’BLE 7^TH ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C HASSAN FOR THE OFFENCE PUNISHABLE UNDER

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NC: 2025:KHC:40734 CRL.P No. 12689 of 2025

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HC-KAR

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SECTION 85, 352, 351(2), 75(2), 3(5) OF BNS BY HASSAN WOMEN POLICE AND ETC.,

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

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No. 1 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) seeking grant of anticipatory bail in Crime No. 59/2025 of Hassan Women Police Station registered for offences punishable under Section 85, 352, 351(2), 75(2), 3(5) of BNS.

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Heard learned counsel for petitioner and learned HCGP for respondent – State.

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Learned counsel for petitioner would contend that there are no serious allegations against the petitioner in the complaint. Petitioner is the husband of first informant. The accusation against the petitioner – accused No. 1 in the complaint is that, he was working as a driver

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in Bengaluru and when first informant insisted him to take

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3 - NC: 2025:KHC:40734 CRL.P No. 12689 of 2025

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HC-KAR

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her to Bengaluru, he asked her to bring money from her parents. The other accusation against the petitioner is that, when first informant complained about the sexual harassment by accused No. 5, accused No. 1 did not take any action against him. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. The petitioner is ready to co-operate with the Police in investigation and abide by any terms and conditions to be imposed by this Court. With this, he prayed to allow the petition.

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Per contra, learned HCGP would contend that the petitioner is the husband of first informant and there is allegation of he harassing and ill-treating the first informant and demanding dowry. If the petitioner is granted anticipatory bail, he will hamper the investigation and tamper the prosecution witnesses. With this he prayed for dismissal of the petition.

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NC: 2025:KHC:40734 CRL.P No. 12689 of 2025

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HC-KAR

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Having heard learned counsel for the parties

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this Court has perused FIR, complaint and other materials placed on record.

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Petitioner is the husband of the victim - first informant and they had a child by name Nizam Khan. The accusation against the petitioner in the first information by his wife is that he had shifted to Bengaluru and was doing avocation of driver at Bengaluru. When first informant insisted him to take her to Bengaluru, he asked her to bring money from her parents to have a house at Bengaluru. The other accusation is that he did not take any action against accused No. 5 in spite of she making allegation of sexual harassment by accused No. 5. Considering the above aspects there are no serious accusations against the petitioner. Offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner has undertaken to cooperate with the Police in investigation and abide by terms and conditions to be imposed by this Court. The

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