Somashekar Vs the State of Karnataka

SOMASHEKAR S/O LATE MALLAIAH AGED ABOUT 45 YEARS OCC. SMALL TIME BUSINESS R/O ARISHINKUNTE VILLAGE SOLUR HOBLI, MAGADI TALUK RAMANAGARA DISTRICT PIN - 562 127.

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…PETITIONER

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(BY SRI G. SURESH, ADV.)

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AND:

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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THE STATE OF KARNATAKA BY POLICE SUB-INSPECTOR KUDUR P.S, KUDUR, MAGADI TALUK, RAMANAGARA DISTRICT (REP. BY THE S.P.P., HIGH CURT PREMISES, BENGALURU - 560 001)

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(BY SMT. N. ANITHA GIRISH, HCGP)

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…RESPONDENT

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THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT HIM THE RELIEF OF ANTICIPATORY BAIL IN CR.NO.33/2025 OF KUDUR P.S., MAGADI TALUK, RAMANAGARA DISTRICT, FOR THE OFFENCES P/U/S 118(1),352,351(2),85 OF THE BNS, 2023, AND FURTHER BE PLEASED TO DIRECT THE STATION HOUSE OFFICER, KUDUR P.S., TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST.

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

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NC: 2025:KHC:9801 CRL.P No. 2663 of 2025

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in Crime No.33/2025 registered by Kuduru

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Police Station, Ramanagara District for the offences punishable under Sections 118(1), 352, 351(2), & 85 of BNS, 2023 is before this Court under Section 482 of BNSS, 2023.

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FIR in Crime No.33/2025 was registered by

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Kuduru Police Station, Ramanagara District against the petitioner herein for the aforesaid offences, based on the first information dated 28.01.2025 received from Smt Chandrakala W/o Manjunath, who is the elder sister of the petitioner’s wife. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.108/2025 before the jurisdictional Sessions Court, which was rejected on 12.02.2025. Therefore, he is before this Court.

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Perusal of the material on record would go to show that, the petitioner has married Smt. Latha and the said marriage had taken place about 12 years prior to the

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NC: 2025:KHC:9801 CRL.P No. 2663 of 2025

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alleged incident that had taken place on 27.01.2025. In the first information submitted by the elder sister of the petitioner’s wife it is alleged that on 27.01.2025 her husband had received a phone call from her sister Latha, who is the wife of the petitioner who complained that the petitioner was assaulting her in her house. Immediately the first informant had rushed to the house of her sister and found her sister, who is the victim in the present case lying unconscious and thereafter she had shifted the victim to a hospital and subsequently the first informant had approached the police and based on her first information, FIR has been registered against the petitioner.

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The alleged offences are triable by the Court of Magistrate. The maximum punishment for the alleged offences is imprisonment for a period of three years. Undisputedly, the petitioner has no other criminal antecedents. Considering the aforesaid aspects of the matter and the nature of allegation found in the first information against the petitioner, who has no other

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NC: 2025:KHC:9801 CRL.P No. 2663 of 2025

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criminal antecedents, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail required to be answered affirmatively.

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Accordingly, the following:

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ORDER

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The Criminal Petition is allowed.

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The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.33/2025 registered by

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Kudur Police Station, Ramanagara District for the offences punishable under Sections 118(1), 352, 351(2), & 85 of BNS, 2023 subject to the following conditions:

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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.

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NC: 2025:KHC:9801 CRL.P No. 2663 of 2025

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The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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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.

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The petitioner shall not involve in similar offences in future;

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Sd /-

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(S VISHWAJITH SHETTY) JUDGE

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NMS

Somashekar v. the State of Karnataka

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Somashekar v. the State of Karnataka

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