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2025 DAILYLAW 29617 (KAR)

PAVITHRA @ PAVITHRAMMA v. STATE BY HOLALKERE P S

CRL.P/8524/2025 · 2025-06-30

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23220 CRL.P No. 8524 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8524 OF 2025 BETWEEN: PAVITHRA @ PAVITHRAMMA W/O CHANDRAPPA AGED ABOUT 55 YEARS R/AT RAMAGIRI VILLAGE HOLALKERE TALUK CHITRADURGA DISTRICT - 577 539. …PETITIONER (BY SRI GOPALAKRISHNAMURTHY.C, ADV.) AND: STATE BY HOLALKERE P.S R/BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO PASS AN ORDER GRANTING ANTICIPATORY BAIL IN THE EVENT OF PETITIONER ARREST AND DIRECT THE RESPONDENT HOLALKERE P.S., TO RELEASE THE PETITIONER IN CR.NO.46/2025, PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC COURT, HOLALKERE, CHITRADURGA DISTRICT, FOR THE OFFENCES P/U/S 108,3(5) OF BNS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23220 CRL.P No. 8524 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused no.2 in Crime No.46/2025 registered by Holalkere Police Station, Chitradurga District, for the offences punishable under Sections 108, 3(5) of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.46/2025 was registered by Holalkere Police Station, Chitradurga District, for the aforesaid offences against one Basavaraju and another based on the first information dated 11.02.2025 received from Chandrappa who is the father of deceased Vishalakshi. Apprehending arrest in the case petitioner has filed in Crl. Misc.No.208/2025 which was dismissed on 18.03.2025 before the jurisdictional Sessions Court. Therefore, she is before this Court. 4. Perusal of the material on record would go to show that Accused No.1 is the husband of deceased Vishalakshi and they had got married about 13 years prior to the registration of FIR. - 3 - HC-KAR NC: 2025:KHC:23220 CRL.P No. 8524 of 2025 Petitioner is the mother of Accused No.1. It is stated in the first information that the said marriage was a love marriage and from the wedlock, the couple have a daughter aged about five years. It is further stated that Vishalakshi was ill-treated in her matrimonial home by the petitioner and the accused No.1, and therefore, she had committed suicide on 11.02.2025 in her matrimonial home. 5. Accused No.1 who was arrested in the case has been granted regular bail by this court in Crl.P.No.3829/2025 disposed of on 27.03.2025. The maximum punishment for the alleged offences is imprisonment for a period of 10 years. Petitioner has no criminal antecedents. She is a lady aged 55 years. Considering the nature of allegations found in the first information and also since major portion of the investigation is already completed, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 6. The 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 her arrest in Crime No.46/2025 - 4 - HC-KAR NC: 2025:KHC:23220 CRL.P No. 8524 of 2025 registered by Holalkere Police Station, Chitradurga District, for the offences punishable under Sections 108, 3(5) of BNS, 2023, , subject to the following conditions: 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 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 DN