- 1 - NC: 2025:KHC:3162 CRL.P No. 14016 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14016 OF 2024 (438(Cr.PC) / 482(BNSS)) BETWEEN: SMT. THAYAMMA. C. W/O LATE SRINIVAS. S., AGED ABOUT 59 YEARS, R/AT MADAHALLI VILLAGE AND POST, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT 571430 2. KUMARI SAHANA D/O LATE SRINIVAS S., AGED ABOUT 26 YEARS, R/AT DEVARAHALLI, 2ND BLOCK, BHARATHINAGAR, MADDUR TALUK, MANDYA DISTRICT 571 422 …PETITIONERS (BY SRI. SHIVASHANKARA Y D., ADVOCATE) AND: THE STATE OF KARNATAKA BY MALAVALLI RURAL POLICE STATION, REP. BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BRANCH-560 001 …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3162 CRL.P No. 14016 of 2024 THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THEIR ARREST BY THE RESPONDENT POLICE IN CRIME NO.187/2024 DATED 06.10.2024 FOR THE ALLEGED OFFENCE P/US/ 352,118,3(5) OF BNS ACT 2023 AND SUBSEQUENTLY IMPLEADED SEC.109,103(1) OF BNS ACT 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioners, Learned High Court Government Pleader for the State and perused the material on record. 2. This petition under Section 482 of BNSS is preferred to enlarge the petitioners / accused Nos.2 and 3 on anticipatory bail in Crime No.187/2024 of Malavalli Rural Police Station registered for offences punishable under Section 352, 118, 3(5) of the BNS 2023. - 3 - NC: 2025:KHC:3162 CRL.P No. 14016 of 2024 3. Subsequent to the death of injured Girish, Section 103 of BNS 2023 is incorporated. The complaint is lodged by one Mahadevamma, wherein, she has alleged that on 06.10.2024 at about 08:30 a.m., accused persons started quarrelling and when her son Girish questioned them as to why they are quarrelling unnecessarily, accused No.1 by name Sagar assaulted him with a club and accused Nos.1 to 3 assaulted her daughter by name Geetha. 4. Injured Girish who sustained severe injuries to his head was taken to Dayananda Sagar hospital in Kanakapura. However, he succumbed to injuries on 17.10.2024 at about 02:45 p.m. 5. A perusal of the complaint averments reveal that there was a petty quarrel which took place on 06.10.2024. In the said quarrel accused No.1 assaulted complainant's son Girish with a wooden club. As per post mortem report, cause of death is due to shock and haemorrhage as a result of head injury sustained. The said injury was inflicted by accused No.1. - 4 - NC: 2025:KHC:3162 CRL.P No. 14016 of 2024 6. Learned High Court Government Pleader has contended that the statement of Girish has been recorded while he was undergoing treatment in the hospital. He contended that even the petitioners herein have shared common intention to commit the murder. 7. The specific allegation of assaulting the deceased is against accused No.1. In so far as petitioners are concerned, it is alleged that they have assaulted complainant's daughter by name Geetha. As per the statement of Girish, petitioners herein have dragged the complainant. 8. At this stage, it cannot be said that petitioners have shared common intention with accused No.1. Their custodial interrogation may not be necessary. The learned counsel for petitioners has contended that there is a complaint lodged by petitioner No.1 against Girish and two others. A copy of the FIR in Crime No.188/2024 of Malavalli Rural Police Station is produced at Annexure G. The said case is registered against deceased Girish and - 5 - NC: 2025:KHC:3162 CRL.P No. 14016 of 2024 two others for offences punishable under Section 76, 117(2), 126(2) 325, 115(2) and 3(5) of the BNS, 2023. 9. In the above facts and circumstances and considering the overt acts attributed against the petitioners, the relief sought in this petition can be granted by imposing necessary conditions. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioners/accused Nos.2 and 3 in Crime No.187/2024 of Malavalli Rural Police Station, is ordered to be released in the event of their arrest subject to following conditions: a) They shall appear before the Investigation Officer within a period of one week from the date of receipt of a copy of the order and shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum. b) They shall furnish proof of their residential address and shall inform the - 6 - NC: 2025:KHC:3162 CRL.P No. 14016 of 2024 Investigation Officer/Court, if there is any change in the address. c) They shall be available for the purpose of investigation as and when required and shall co-operate with the investigation. d) They shall not leave the jurisdiction of the trial Court without prior permission till completion of the investigation of the case. e) They shall not tamper with the prosecution witnesses either directly or indirectly. f) They shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 30 CT:SNN