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Judgment
G Basavaraja, J
The petitioner has filed this petition under Section 483 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (for short, 'the BNSS, 2023') for grant of regular bail to the petitioner.
The brief facts leading to this petition are that, based on a complaint filed by one Smt.Reshma, Annekal Police registered the case in Crime No.358/2025 against the accused, Sri.Jaykumar for the offences punishable under Section 75(1), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'the BNS, 2023'). On 11.11.2025, the Anekal Police submitted a requisition to the Civil Judge and JMFC, Anekal to insert the offence under Section 64(1) of BNS, 2023 on the basis of the further statement given by the victim on 11.11.2025.
The learned counsel for the petitioner has produced a copy of the FIR pertaining to Crime No.378/2025, dated 28.11.2025 filed by Dr.Poornima, wife of the petitioner. On the basis of this complaint, the Anekal Police registered the case in Crime No.378/2025 against Smt.Reshma and Sri.Mohamad Parvez for the offences under Section 308(2), 62, read with Section 3(5) of the BNS, 2023. It is submitted that the accused was arrested on 08.12.2025 and he is in judicial custody. The trial Court has rejected the bail application filed by the petitioner. The victim has not stated as to the allegation to attract the offence under Section 64(1) of BNS, 2023. But subsequent, only as an afterthought, on 11.11.2025, the Anekal Police have recorded the further statement of the victim and on that basis, submitted the requisition to the concerned jurisdictional magistrate to insert the offence under Section 64(1) of BNS, 2023.
The wife of the present petitioner, Dr. Poornima has also lodged a complaint against the victim and her husband for the offence under Section 308(2), 62 read with Section 3(5) of the BNS, 2023. The same has been registered as Crime No.378/2025. The petitioner is not required for further investigation. Considering the facts and circumstances of the case, prior antecedents of the petitioner and the conduct of the victim, as shown in the FIR pertaining to Crime No.378/2025, it is just and proper to allow this petition. Accordingly, I proceed to pass the following:
ORDER
(i) The criminal petition is hereby allowed.
(ii) The petitioner shall be released on bail on executing the self bond for a sum of Rs.1,00,000/- with one surety for like sum to the satisfaction of the trial Court.
(iii) The petitioner shall not tamper/threaten the prosecution witnesses in any manner.
(iv) The petitioner shall assist the Investigating Officer for the investigation.
(v) The petitioner shall not indulge similar offences.