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Judgment
Accused in Crime No.110/2026 registered by Harihara Rural Police Station, Davanagere District, for the offences punishable under Sections 351, 352, 75(1)(ii), 75(1)(iv) of BNS, 2023, is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail.
Heard the learned Counsel for the parties.
FIR in Crime No.110/2026 was registered by Harihara Rural Police Station, Davanagere District, for the aforesaid offences against the petitioner herein based on the first information dated 16.06.2026 received from the alleged victim lady aged 34 years. Apprehending arrest in the said case, petitioner had approached the jurisdictional Sessions Court in Crl. Misc. No.529/2026 which was rejected on 16.07.2026. Therefore, petitioner is before this Court.
A reading of the first information would reveal that victim lady is a widow aged about 34 years. She got acquainted with the petitioner who is a police constable about three years prior to the date of registration of FIR and they were exchanging whatsapp messages and were regularly calling each other over phone. The allegation against the petitioner is that recently he started threatening the victim lady about circulating her private photos which he had, and asked her to sexually cooperate with him. It is under these circumstances, the victim lady has approached the police.
Learned Counsel for the petitioner has submitted that after the consensual relationship between the petitioner and the victim lady has failed, she has made a false complaint against the petitioner.
The maximum punishment for the alleged offences is imprisonment for a period of seven years. Petitioner who is a police constable has undertaken to cooperate with the police for the purpose of investigation. He has no other criminal antecedents. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order:
The petition is allowed. 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.110/2026 registered by Harihara Rural Police Station, Davanagere District, for the offences punishable under Sections 351, 352, 75(1)(ii), 75(1)(iv) of BNS, 2023, subject to the following conditions:
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.
Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
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.
The petitioner shall not involve in similar offences in future.