Sri.Prabhudev K.B Vs State of Karnataka

SRI PRABHUDEV K.B S/O LATE BASAVARAJU AGED ABOUT 58 YEARS RESIDING AT KAMBALU VILLAGE SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT-562 111.

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…PETITIONER

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(BY SRI KASHINATH J D, ADVOCATE)

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AND:

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STATE OF KARNATAKA

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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BY WOMEN POLICE STATION TUMAKURU TUMAKURU DISTRICT. REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

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…RESPONDENT

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(BY SMT. WAHEEDA M M, HCGP)

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THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO ALLOW THE ABOVE PETITION AND ENLARGE/RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF ARREST BY THE RESPONDENT WOMEN POLICE, TUMAKURU IN C.C.No.268/2025 (CRIME No.172/2025) PENDING ON THE FILE

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HC-KAR

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OF THE II ADDL. SENIOR CIVIL JUDGE AND JMFC AT TUMAKURU REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 137(2), 64(2)(m), 351(2), 75(1)(i), 75(1)(il), 75(1)(iv), 3(5) OF BNS 2023 ALSO FOR THE OFFENCE PUNISHABLE UNDER SECTION 67(A) AND 66(E) OF INFORMATION TECHNOLOGY ACT 2008.

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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.2 under Section

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482 of BNSS praying to grant anticipatory bail in Crime No.172/2025 of Tumkuru Woman Police Station registered for offences punishable under Sections 137(2), 64(2)(m), 351(2), 75(1)(i), 75(1)(ii), 75(1)(iv), 3(5) of BNS and Section 67(A) and 66(E) of Information Technology Act, 2000.

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Heard learned counsel for the petitioner and

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learned HCGP for respondent/State.

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Learned counsel for petitioner would contend that

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the petitioner at the stage of investigation has co-operated

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HC-KAR

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with the IO. The petitioner has not been shown as absconding in the charge sheet. The mobile of the petitioner has been seized during investigation. He further submits that in the complaint dated 30.08.2025 and in the statement dated 02.09.2025 there is no mention of name of this petitioner and his overt acts. As there are earlier disputes between husband of the victim and the petitioner, he has been falsely implicated in the further statement dated 15.09.2025, making false allegations. The petitioner is a former President of Village Panchayath. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner undertakes to appear before the trial Court and co-operate for speedy disposal of the case. With this he prayed to allow the petition.

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Per contra , learned HCGP would contend that there is a prima-facie case against the petitioner for the offences alleged against him. The petitioner who received the video in his mobile has asked the victim lady to come

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HC-KAR

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along with him holding her hand twice. The said aspects have been stated by the victim lady in her statement dated 15.09.2025 before the police and statement recorded under Section 183 of BNSS dated 29.09.2025. The petitioner is having criminal antecedents. If the petitioner is granted bail, there is a threat to the complainant and other prosecution witnesses. With this, she prayed to reject the petition.

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Having heard the learned counsels, the Court has perused charge sheet and other materials placed on the Court.

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The victim lady has filed a complaint dated 30.08.2025 and based on that, a case has been registered in Crime No. 172/2025 of Tumkuru Woman Police Station against accused No.1. There is no name of this petitioner as accused in the FIR and complaint. Even the name of the petitioner has not been indicated in further statement of victim recorded on 02.09.2025. The name of this petitioner has been implicated in the further statement

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HC-KAR

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dated 15.09.2025 and in the statement recorded under Section 183 of BNSS dated 29.09.2025. As on those dates, the anticipatory bail petition of the petitioner was stated to be pending before the Sessions court. In the statement of the victim lady it is mentioned that there was earlier enmity between the petitioner and the husband of the victim lady. There is no allegation in the charge sheet that the petitioner is absconding and he has not co-operated for investigation. The charge sheet indicates that the mobile of this petitioner has been seized. The said aspect itself indicates that the petitioner has co-operated for investigation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. As the charge sheet is filed, the petitioner is not required for custodial interrogation.

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Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. In the result, the following:

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HC-KAR

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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.172/2025 of Tumkur Woman Police Station, subject to following conditions:

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(i) Petitioner shall appear before the jurisdictional/trial Court within 10 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of jurisdictional/trial Court.

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(ii) Petitioner shall not tamper the prosecution witnesses either directly or indirectly.

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(iii) Petitioner shall attend the trial Court on all dates hearing unless exempted and co-operate for speedy disposal of the case.

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