Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:10718 CRL.P No. 2733 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2733 OF 2025 BETWEEN:
SMT R PALLAVI W/O MURTHY AGED ABOUT 22 YEARS, R/O UPPARA STREET, KESTHUR VILLAGE, YALANDUR TALUK CHAMARAJANAGARA DISTRICT PIN-571441. …PETITIONER (BY SRI KUMARASWAMY M, ADV.) AND:
STATE OF KARNATAKA BY BELAKAVADI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BANGALORE - 560 001. …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ALLOW THE PETITION AND GRANT ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT BELAKAVADI POLICE TO RELEASE HER IN THE EVENT OF HER ARREST IN CRIME NO.38/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTION 306 R/W 34 OF INDIAN PENAL CODE, IN PENDING BEFORE CJ (SR.DVN. AND JMFC) COURT, MALAVALLI RURAL MALAVALI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
Digitally signed by NANDINI MS Location: High Court of Karnataka
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NC: 2025:KHC:10718 CRL.P No. 2733 of 2025
ORAL ORDER
Accused No.5 in Crime No.38/2024 registered by Belakavadi Police Station, Mandya District for the offence punishable under Section 306 R/w 34 of IPC, is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail.
2. Heard the learned counsel appearing for the parties.
3. FIR in Crime No.38/2024 was registered by Belakavadi Police Station, Mandya District for the aforesaid offences against Smt. Suma & others, based on the first information dated 21.04.2024 received from Sri Madashetty S/o Late Mallashetty. Apprehending arrest in the said case, the petitioner, who is arraigned as accused No.5 had filed Crl.Misc.No.826/2024 before the jurisdictional Sessions Court, which was rejected on 15.01.2025. Therefore, she is before this Court.
4.
Learned counsel for the petitioner submits that accused Nos.1 to 3 have been granted anticipatory bail by the coordinate bench of this Court in Crl.P.No.5574/2024 disposed of on 25.06.2024. The allegation against all accused are identical. Accordingly, he prays to allow the petition.
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NC: 2025:KHC:10718 CRL.P No. 2733 of 2025
5. Per contra, learned HCGP who has opposed the bail petition, however, does not dispute the submission made by the learned counsel for the petitioner.
6. Perusal of the first information, which has resulted in registering FIR in Crime No.38/2024 against accused persons would reveal that the allegation against all accused persons are identical. Accused Nos.1 to 3 have been granted anticipatory bail by this Court in Crl.P.No.5574/2024. Therefore, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively.
7. Accordingly, the following:
ORDER The Criminal 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.38/2024 registered by Belakavadi Police Station, Mandya District for the offences punishable under Sections 306 R/w 34 of IPC subject to the following conditions:
1. The Petitioner shall appear before the Investigating Officer within 15 days from the date
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NC: 2025:KHC:10718 CRL.P No. 2733 of 2025
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.
2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
3. Petitioner shall not tamper with the prosecution witness and she shall co-operate with the police for investigation and appear before them whenever called upon.
4. The petitioner shall not involve in similar offences in future;
Sd/- (S VISHWAJITH SHETTY) JUDGE
NMS