Narasimhamurthy D H Vs the State by Kodigenahalli

THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.No.99/2025 PENDING IN THE COURT OF PRL.CIVIL JUDGE (SENIOR DIVISION) AND C.J.M COURT MADHUGIRI ON KODIGENAHALLI POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTION 329(4), 133, 115(2), 74, 352 OF BNS.

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NC: 2025:KHC:43483 CRL.P No. 13542 of 2025

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HC-KAR

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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 the sole accused under Section 482 of BNSS praying to grant anticipatory bail in Crime No.99/2025 of Kodigenahalli Police Station registered for offences under Section 329(4), 74, 115(2), 133, 352 of BNS.

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Heard learned counsel for petitioner and learned Additional SPP for respondent/State.

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Learned counsel for petitioner would contend that except offence under Section 74 of BNS, other offences alleged against the petitioner bailable. The punishment provided for the offence under Section 74 of BNS is imprisonment for one year which may extend to 5 years. Petitioner is ready to co-operate with the police in investigation. A false complaint has been lodged against the petitioner due to old enmity. The petitioner is not

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NC: 2025:KHC:43483 CRL.P No. 13542 of 2025

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HC-KAR

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having any criminal antecedents. With these, he prayed to allow the petition.

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Per contra, learned Addl.SPP would contend that

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petitioner is alleged to have used criminal force against a woman with an intention to outrage her modesty. The petitioner is required for custodial interrogation. With these she prayed to reject the petition.

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Having heard the learned counsels, this Court has

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perused FIR, complaint and other materials placed on record.

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The accusation against the petitioner in the complaint is that on 16.08.2025 at about 05.30 p.m. the petitioner went near the house of first informant and with regard to old enemity, abused them in a filthy language with vulgar words and assaulted her with chappal on her back and head and kicked her and made galata. The offences alleged against the petitioner except offence under Section 74 of BNS are bailable. The punishment

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4 - NC: 2025:KHC:43483 CRL.P No. 13542 of 2025

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HC-KAR

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provided for offence under Section 74 of BNS is imprisonment for one year which may extend to 5 years. The petitioner has undertaken to co-operate with the police in the investigation and abide by terms and conditions to be imposed by this Court. There are no criminal antecedents of petitioner. Considering the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following

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ORDER

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The petition is allowed. The petitioner is ordered to

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be released on bail in the event of his arrest in Crime No.99/2025 of Kodigenahalli Police Station subject to following conditions:

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(i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum to the satisfaction of the I.O.

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NC: 2025:KHC:43483 CRL.P No. 13542 of 2025

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HC-KAR

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(ii) Petitioner shall appear before the IO within 15 days from this day and execute bail bond and furnish surety.

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(iii) Petitioner shall co-operate with the police in the investigation.

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(iv) Petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(v) The petitioner shall appear before the trial Court and co-operate for speedy disposal of the case.

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Sd/-

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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DKB

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List No.: 1 Sl No.: 11 Ct.sm

Narasimhamurthy D H v. the State by Kodigenahalli

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Narasimhamurthy D H v. the State by Kodigenahalli

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