Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:9422 CRL.P No. 2548 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2548 OF 2025 BETWEEN:
SMT. LAKSHMIDEVI W/O AYAPPA AGED ABOUT 60 YEARS R/AT 64/1, P/O BELEKEHALLI VTC BENGALURU SOUTH BENGALURU - 560 056. …PETITIONER (BY SRI HANUMESH H.N, ADV.) AND:
STATE OF KARNATAKA BY BEGUR P S, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT THE PETITIONER ON REGULAR BAIL WHO IS THE ACCUSED IN CR.NO.419/2024 REGISTERED IN BEGUR P.S., FOR THE OFFENCES P/U/S 108 OF BNS, PENDING ON THE FILE OF THE IX ACJM COURT, AT BENGALURU, REGISTERED UPON A FALSE CRIMINAL COMPLAINT.
Digitally signed by NANDINI MS Location: High Court of Karnataka
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NC: 2025:KHC:9422 CRL.P No. 2548 of 2025
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused in Crime No.419/2024 registered by Beguru Police Station, Bengaluru City, for the offence punishable under Section 108 of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.419/2024 was registered Beguru Police Station, Bengaluru City, against petitioner herein for the aforesaid offence based on the first information dated 26.12.2024 received from Ramanjinappa, brother of deceased Anjinappa. During the course of investigation, petitioner herein was arrested on 14.02.2025. Bail application filed by her before the jurisdictional Sessions Court in Crl.Misc.No.1398/2025 was rejected on 20.02.2025. Therefore, she is before this Court.
4.
Learned counsel for the petitioner submits that further proceedings in Crime No.419/2024 has been stayed by the Coordinate Bench of this Court in Crl.P.No.2897/2025. Even if
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NC: 2025:KHC:9422 CRL.P No. 2548 of 2025
the allegations found in the first information are presumed to be true, ingredients for the offence punishable under Section 108 of BNS, 2023, cannot be made out. Accordingly, he prays to allow the petition.
5. Per contra, learned HCGP has opposed the petition.
6. A perusal of the material available on record would go to show that deceased is the son-in-law of the petitioner herein and he had committed suicide by hanging himself on
01.12.2024. First information is belatedly filed on 26.12.2024 alleging that deceased had left a death note stating that petitioner was the cause for his death. Learned counsel for the petitioner has submitted that further proceedings in Crime No.419/2024 has been stayed by the Co-ordinate Bench of this Court in Crl.P.No.2897/2024. Even otherwise, necessary ingredients so as to invoke the alleged offence is prima facie not found in the present case. Under the circumstances, I am of the opinion that the prayer made by petitioner, who is a lady aged about 60 years, is required to be granted. Accordingly, the following order:-
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NC: 2025:KHC:9422 CRL.P No. 2548 of 2025
7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.419/2024 registered by Beguru Police Station, Bengaluru City, for the offence punishable under Section 108 of BNS, 2023, subject to the following conditions:
a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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 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
DN