[Cites 6, Cited by 0]
Karnataka High Court
Madhu J vs State Of Amruthur P S on 6 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:7117
CRL.P No. 16709 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 16709 OF 2025
(438(Cr.PC) / 482(BNSS))
BETWEEN:
1. MADHU J
S/O J N JAGADEESH,
AGED ABOUT 39 YEARS,
R/AT JINNAGRA VILLAGE,
AMRUTHUR HOBLI
KUNIGAL TALUK -572130
...PETITIONER
(BY SRI. HARISH, B S, ADVOCATE FOR SRI VIKYATH B., ADVOCATE)
Digitally signed by
LAKSHMINARAYANA AND:
MURTHY RAJASHRI
Location: HIGH
COURT OF
KARNATAKA
1. STATE OF AMRUTHUR P S
REPRESENTED BY SPP
HIGH COURT-BUILDING,
BANGALORE. -560001
...RESPONDENT
(BY SRI.M R PATIL, HCGP)
-2-
NC: 2026:KHC:7117
CRL.P No. 16709 of 2025
HC-KAR
THIS CRL.P FILED UNDER SECTION 438 (FILED U/S.482
BNSS) CR.P.C PRAYING TO DIRECT THE RESPONDENT POLICE
TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN
EVENT OF THEIR ARREST BY THE RESPONDENT AMRUTHUR
POLICE IN CONNECTION WITH THE CR.NO.158/2025 FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 115(2), 74, 352,
351(2) OF BNS 2023 PENDING ON THE FILE OF THE ADDL
CIVIL JUDGE (Sr.Dn.) AND CHIEF JUDICIAL MAGISTRE COURT
KUNIGAL TUMAKURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by sole accused under Section
482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying
to grant anticipatory bail in Crime No.158/2025 of
Amruthur Police Station registered for the offences
punishable under Sections 115(2), 74, 352, 351(2) of
Bharatiya Nayaya Sanhita, 2023.
2. Heard the learned counsel for the petitioner and
the learned High Court Government Pleader for the
respondent/State.
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3. The learned counsel for petitioner would
contend that there is a dispute with regard to property
between petitioner's grandfather and his brother. During
the said quarrel, the victim lady intervened, and the
petitioner is alleged to have assaulted her. There is no
allegation of outraging her modesty, and the said
allegation is false.The petitioner is ready to cooperate with
the Investigating Officer in the investigation and abide by
any conditions to be imposed by this Court. The offences
alleged against the petitioner are not punishable either
with death of imprisonment for life. With this, he prayed to
allow the petition.
4. Per contra, the learned High Court Government
Pleader for respondent/State would contend that the
statement of J N Jagadish/eye witness has been recorded.
In the said statement, it is stated that his daughter,
Nisarga, and his son, the petitioner J.N. Madhu,
quarrelled, and during the said quarrel, the petitioner
assaulted her on her face.The matter is under
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investigation. The petitioner is required for custodial
interrogation. With this, he prayed to reject the petition.
5. Having heard the learned counsels, the Court
has perused the complaint and other materials placed on
record.
6. The allegation against the petitioner, as averred
in the complaint, is that he outraged the modesty of the
victim lady by pressing her chest, touching her body and
stomach, kicking her, and tearing her clothes.
7. The statement of one J N Jagdish, who is stated
to be eye witness, has been recorded. He stated that he is
the father of victim lady and also the petitioner. He stated
that the victim lady supported her father's elder brother
instead of supporting her father, and therefore, the
petitioner assaulted her on the face; he further stated that
he pacified the quarrel. In the said statement of the said
eyewitness, there is no any allegation of outraging the
modesty of the victim lady and touching her body parts.
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The offences alleged against the petitioner are not
punishable either with death or imprisonment for life. The
petitioner has undertaken to co-operate with the
investigation and abide by any conditions to be imposed
by this Court. There are no criminal antecedents of the
petitioner.
8. Considering the above aspects, the petitioner
has made out a case for grant of bail with conditions.
In the result, the following:
ORDER
i) The petition is allowed.
ii) The petitioner is ordered to be released on bail
in the event of his arrest in Crime No.158/2025 of
Amruthur Police Station registered for the offences
punishable under Sections 115(2), 74, 352, 351(2) of
Bharatiya Nayaya Sanhita, 2023 subject to following
conditions.
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a) The petitioner shall appear before the
Investigating Officer within fifteen days from this
day and execute a bail bond for a sum of
Rs.1,00,000/- with one surety for the like sum to
the satisfaction of the Investigating Officer.
b) The petitioner shall appear before the
Investigating Officer whenever called for and
cooperate for investigation,
c) The petitioner shall not tamper the
prosecution witnesses either directly or
indirectly.
d) The petitioner shall appear before the
Investigating Officer on every Sunday for a
period of one month or till filing of final report
whichever is earlier.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
BKM
List No.: 1 Sl No.: 28
