VASANTHA KUMARI @ SHILPA v. STATE BY TERAKAMBI P S
CRL.P/1076/2025 · 2025-04-07
S Vishwajith Shetty
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14524 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14524 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14713 CRL.P No. 1076 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1076 OF 2025 BETWEEN:
VASANTHA KUMARI @ SHILPA, D/O SIDDARAJU, AGED ABOUT 29 YEARS, URDALLI VILLAGE, GUNDLUPETE TALUK, CHAMARAJANAGARA DISTRICT - 571 111. …PETITIONER (BY SRI. PRASANNA KUMAR B., ADVOCATE) AND:
STATE BY TERAKAMBI P S, REPRESENTED BY HIGH COURT STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI.VINAY MAHADEVAIAH., HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER /ACCUSED NO.1 ON BAIL IN CR.NO.98/2021 S.C.NO.82/2022 FOR THE OFFENCE P/U/S 504, 323, 307, 354B, 506 R/W 34 OF IPC, 1860 BY TERAKAMBI P.S PENDING IN THE COURT OF THE PRL.
DISTRICT AND SESSION JUDGE AT CHAMARAJANAGARA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by KAVYA R Location: High Court of Karnataka
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NC: 2025:KHC:14713 CRL.P No. 1076 of 2025
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER Accused No.1 in S.C.No.82/2022 pending before the Court of Principal District and Sessions Judge, Chamarajanagara, arising out of Crime No.98/2021 registered Terakambi Police Station, Chamarajanagara, for offences punishable under Sections 504, 323, 307, 354(B), 506 read with Section 34 of IPC is before this Court under Section 439 of Cr.PC seeking regular bail.
2. Heard the learned Counsel for the parties.
3.
Learned Counsel for the petitioner submits that on the merits of the case, petitioner was earlier granted regular bail in the present case vide order dated 21.12.2023 passed in S.C.No.82/2022 by the trial Court. He submits that since the petitioner had not appeared before the trial Court on the regular dates of hearing, coercive action was taken against her and her presence was secured on 09.07.2024 and thereafter, she was remanded to judicial custody. He submits that petitioner is
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NC: 2025:KHC:14713 CRL.P No. 1076 of 2025
a lady aged about 29 years. Accordingly, he prays to allow this petition.
4. Per contra, learned HCGP has opposed the petition.
5. Perusal of the material on record would go to show that on the merits of the case petitioner was earlier granted regular bail by the trial Court in S.C.No.82/2022 on 21.12.2023. It appears that subsequently petitioner had not appeared before the trial Court on the regular dates of hearing and therefore, her presence was secured before the trail Court by issuing Non-Bailable Warrant against her and on 09.07.2024 she was produced before the trial Court and on the said date she was remanded to judicial custody.
6. Petitioner is a lady aged about 29 year. She is in custody from 09.04.2024. For the mistake committed by her by not appearing before the trial Court on regular dates of hearing, she has been sufficiently punished.
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NC: 2025:KHC:14713 CRL.P No. 1076 of 2025
Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-
ORDER
The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.82/2022 pending before the Court of Principal District and Sessions Judge, Chamarajanagara, arising out of Crime No.98/2021 registered Terakambi Police Station, Chamarajanagara, for offences punishable under Sections 504, 323, 307, 354(B), 506 read with Section 34 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial
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NC: 2025:KHC:14713 CRL.P No. 1076 of 2025
Court unless the Trial Court exempts her appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against her is disposed off.
Sd/- (S VISHWAJITH SHETTY) JUDGE
KVR List No.: 1 Sl No.: 51