DR. JAYAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 483 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (for short, 'the BNSS, 2023') for grant of regular bail to the petitioner.

(2.) 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 Sec. 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 Sec. 64(1) of BNS, 2023 on the basis of the further statement given by the victim on 11/11/2025.

(3.) The learned counsel for the petitioner has produced a copy of the FIR pertaining to Crime No.378/2025, dtd. 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 Sec. 308(2), 62, read with Sec. 3(5) of the BNS, 2023. It is submitted that the accused was arrested on 8/12/2025 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 Sec. 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 Sec. 64(1) of BNS, 2023.