- 1 - NC: 2025:KHC:18035 CRL.P No. 5550 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5550 OF 2025 BETWEEN: SWAATHI S D/O SOMASHEKARAYAA AGED ABOUT 23 YEARS R/AT FLAT NO.61/63 SHIRKE APARTMENT NEAR GANESHA TEMPLE KENGERI BENGALURU CITY KARNATAKA - 560 040. …PETITIONER (BY SRI MOHAN KUMAR M.E, ADV.) AND: THE STATION HOUSE OFFICER CHANDRA LAYOUT POLICE STATION BANGALORE, REP. BY HIGH COURT GOVERNMENT PLEADER HIGH COURT OF KARNATAKA BANGALORE. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL PENDING FILE ON HONBLE LIII ADDL. CITY CIVIL AND SESSIONS SPECIAL JUDGE AT BENGALURU, IN CR.NO.440/2024 IN SC.NO.1528/2024 OF CHANDRALAYOUT POLICE STATION FOR THE OFENCE P/U/S. 239(4), 87, 74, 118, 70(1), 308(2), 190 OF BNS. 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 D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18035 CRL.P No. 5550 of 2025 ORAL ORDER Accused No.8 in S.C.No.1528/2024 pending before the Court of LIII Addl. City Civil & Sessions Judge, Bengaluru arising out of Crime No.440/2024 registered by Chandra Layout Police Station, Bengaluru City, for the offence punishable under Sections 61(2), 140(2), 115(2), 118, 70(1), 74, 238, 127(3), 319(2), 352, 351(2), 308(2), 329(4) R/w 190 of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.440/2024 was registered by Chandra Layout Police Station, Bengaluru City initially for offences punishable under Sections 329(4), 87, 74, 118, 70(1), 308(2) R/w 190 of BNS, 2023 against one Joseph and others, on the basis of first information dated 17.08.2024 received from Smt. Manjula, who is one of the victim in the present case. The petitioner's name was not found in the FIR. During the course of investigation, the - 3 - NC: 2025:KHC:18035 CRL.P No. 5550 of 2025 petitioner was arrested on 17.08.2024 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against 13 persons and the petitioner is arraigned as accused No.8 in the charge sheet for the aforesaid offences. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in S.C.No.1528/2024 was dismissed on 08.01.2025. Therefore, he is before this Court. 5. Perusal of the material on record would go to show that, the petitioner who has no other criminal antecedents was arrested on 17.08.2024 and subsequently she was remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed. In the charge sheet it is alleged that, CWs.2 to 4 are friends and CW1 is the mother of CW.2. Accused No.4 allegedly received information that CW.3 had illegally gained money by robbing mobile phones and this information was passed by accused No.4 to accused - 4 - NC: 2025:KHC:18035 CRL.P No. 5550 of 2025 Nos.1 and 2. Accused Nos.1, 4 and 5 therefore kidnapped CW.3 in an auto rikshaw and took him to a room near Nayandahally, where accused Nos.2 and 14 were present. In the said room, accused Nos.1, 2, 4, 5, 13 and 14 allegedly tortured CW.3 Shakthi, who ultimately informed them that he had given the stolen mobile and gold chain to CWs.2 and 4 and therefore accused No.1 summoned accused No.9, 10 and 15 to the aforesaid spot and subsequently in the car of accused No.10, Cws.2 and 4 were also brought to the premises at Nayandahally and CWs.2 to 4 were tortured in the said premises asking them to hand over the robbed mobile phone and gold chain. 6. It is alleged that CW.2 unable to bear the torture meted out on him by the accused persons, allegedly informed them that stolen articles were in his house and therefore accused Nos.5, 6 and 14 had gone to the house of CW.2 in search of mobile phone and gold chain, but they did not find anything in his house. Thereafter, they had brought CW.1 Manjula along with - 5 - NC: 2025:KHC:18035 CRL.P No. 5550 of 2025 them to the premises where CWs.2 to 4 were being tortured and on 13.08.2024 CWs.1 and 2 were shifted to the house of accused No.3 Sowmya and in the said house, accused No.3 Sowmya and accused No.8 Swathi, who is the petitioner herein, allegedly assaulted CWs.1 and 2 with their hands. Accused No.3 Sowmya allegedly removed the cloths of CW.1 Manjula and assaulted her with a club. Thereafter, accused No.3 allegedly was provided chilly powder by accused No.8 and the said chilly powder was put inside the private parts of CW.1 by accused No.1 to 3. Subsequently, CWs.3 and 4 were also brought to the house of accused No.3 and in the said house, accused Nos.1, 2 and 5 made CW.2 to 4 behave indecently with CW.1 and the same was also recorded in a mobile phone by accused No.6. Thereafter, accused Nos.1, 2, 3 and 5 allegedly also gave electricity shock treatment to CWs.1 to 4 and subsequently released CWs.1 to 4 after threatening them with dire consequences in the event they reveal their act or they informed the same to the police. - 6 - NC: 2025:KHC:18035 CRL.P No. 5550 of 2025 7. The petitioner, who is arraigned as accused No.8 is concerned the allegation against her is that she had assaulted CWs.1 and 2 along with accused No.3 Sowmya in her house and she also had provided chilly powder to accused No.3, who along with accused Nos.1 and 2 used the said chilly powder to ill-treat CWs.1 and 2. Accused No.8 is a unmarried lady, aged about 23 years. She has no criminal antecedents. Investigation in the case is completed and charge sheet has been filed. 8. Considering the aforesaid aspects of the matter and also the nature of allegation found against accused No.8 in the charge sheet and also having to the proviso under Section 480 of BNS, 2023, I am of the opinion that, the prayer made by the accused No.8/petitioner for grant of regular bail needs to be answered affirmatively. 9. Accordingly, the following: ORDER Criminal Petition is allowed. - 7 - NC: 2025:KHC:18035 CRL.P No. 5550 of 2025 The petitioner is directed to be enlarged on bail in S.C.No.1528/2024 pending before the Court of LIII Addl. City Civil & Sessions Judge, Bengaluru arising out of Crime No.440/2024 registered by Chandra Layout Police Station, Bengaluru City, for the offences punishable under Sections 61(2), 140(2), 115(2), 118, 70(1), 74, 238, 127(3), 319(2), 352, 351(2), 308(2), 329(4) R/w 190 of BNS, 2023, subject to the following conditions: a) The petitioner shall execute a 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 Court unless the Trial Court exempts her appearance for valid reasons; - 8 - NC: 2025:KHC:18035 CRL.P No. 5550 of 2025 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS