- 1 - NC: 2025:KHC:9591 CRL.P No. 12618 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12618 OF 2024 BETWEEN: 1. ARJUNA AGED ABOUT 33 YEARS S/O LATE KRISHNAMURTHY. 2. MRS. INDRAMMA AGED ABOUT 52 YEARS W/O LATE KRISHNAMURTHY. BOTH ARE RESIDENT OF VADARAHALLI VILLAGE DASANAPURA HOBLI BANGALORE NORTH TALUK PIN - 562 123. …PETITIONERS (BY SRI SHIVARAMU H.C, ADV.) AND: 1. STATE BY MADANAYAKANAHALLI POLICE STATION, BANGALORE REPRSENTED BY ASST PUBLIC PROSECUTOR BANGALORE HIGH COURT BANGALORE - 01. 2. PRATHIBA AGED ABOUT 35 YEARS W/O SANDEEP RESIDING AT NO 105 NEAR PANCHAMUKHI ANJANEYA TEMLE, ATTIGUPPE BANGALORE 560040 …RESPONDENTS Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:9591 CRL.P No. 12618 of 2024 (BY SRI VINAY MAHADEVAIH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT AN ANTICIPATORY BAIL IN FAVOUR OF THE PETITIONERS IN CR.NO.388/2023 REGISTERED BY THE FIRST RESPONDENT DATED 15.07.2023 FOR THE OFFENCE P/US/ 302 OF IPC 1860. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 2 in Crime No.388/2023 registered by Madanayakanahally Police Station, Bengaluru District for the offences punishable under Sections 302 & 201 of IPC are before this Court under Section 438 of Cr.P.C, seeking anticipatory bail. 2. Learned counsel for the petitioners submits that the petition insofar as it relates to petitioner No.1 may be dismissed as withdrawn with liberty to the petitioner No.1 to surrender before the jurisdictional Court and seek regular bail. The said submission is placed on record. 3. FIR in Crime No.388/2023 was registered by Madanayakanahally Police Station, Bengaluru District for the aforesaid offences against the petitioners herein, - 3 - NC: 2025:KHC:9591 CRL.P No. 12618 of 2024 based on the first information dated 15.07.2023 received from Smt. Prathibha who is the daughter of deceased Krishnamurthy Y R. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.1662/2023 before the jurisdictional Sessions Court, which was rejected on 02.09.2023. Therefore, they are before this Court. 4. Heard the learned counsel appearing for the parties. 5. Perusal of the material on record would go to show that, the petitioners herein are the son and wife of deceased Krishnamurthy Y.R and the first informant is the daughter of deceased. In the first information it is stated that deceased who was allegedly working in BMTC, after retirement was staying at home with his family. In the first information it is averred that, deceased had borrowed some money from accused No.1 and accused No.1 was demanding repayment of said amount and on the alleged date of incident, accused No.1 had quarreled with deceased in furtherance of his demand for payment of - 4 - NC: 2025:KHC:9591 CRL.P No. 12618 of 2024 amount borrowed from him by the deceased. Accused No.2 who was present in the house was a witness to the said quarrel. Accused No.1 allegedly abused the deceased and thereafter, pushed him and deceased who fell down inside the bathroom had suffered injuries. This was immediately informed by accused No.2 to her daughter, who is the first informant in the present case and thereafter the accused No.2 had shifted her husband to the hospital. However, the injured Krishnamurthy had died in the hospital and it is in this background first information was registered against the petitioners herein. Investigation of the case is completed. 6. Perusal of the material on record would go to show that, the only allegation against petitioner No.2 is that she had cleaned the premises after the incident in question and therefore offence punishable under Section 201 of IPC was invoked as against her. Under these circumstances, I am of the opinion that the prayer made - 5 - NC: 2025:KHC:9591 CRL.P No. 12618 of 2024 by petitioner No.2 for grant of anticipatory bail is required to be answered affirmatively. 7. Accordingly, the following: ORDER The Criminal Petition is allowed in part. Criminal petition is dismissed as withdrawn as against accused No.1/petitioner No.1 with liberty to surrender before the jurisdictional Court and seek regular bail. Criminal petition is allowed in so far as it relates to accused No.2/petitioner No.2 is concerned. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner No.2/accused No.2 in the event of her arrest in Crime No.388/2023 registered by Madanayakanahally Police Station, Bengaluru District for the offences punishable under Sections 302 & 201 of IPC subject to the following conditions: - 6 - NC: 2025:KHC:9591 CRL.P No. 12618 of 2024 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date 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 he 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