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2025 DAILYLAW 41483 (KAR)

SMT ROHINI v. THE STATE OF KARNATAKA

CRL.P/8845/2025 · 2025-07-17

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26771 CRL.P No. 8845 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8845 OF 2025 BETWEEN: SMT ROHINI W/O SIDDARAJU AGED ABOUT 21 YEARS R/AT AMBEDKAR COLONY KOTIUGANEYA VILLAGE VENKATAYYANA CHATRA CHAMARAJANAGAR TALUK AND DISTRICT - 571 342. …PETITIONER (BY SRI VINAYACHANDRA, ADV.) AND: THE STATE OF KARNATAKA CHAMARAJANAGAR EAST POLICE STATION, CHAMARAJANAGAR DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 1. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN CR.NO.74/2025 OF CHAMARAJANAGAR P.S. FOR ALLEGED OFFENCE P/U/S 352,126(2),115(2),118(1),103(1),54 R/W 3(5) OF BNSS 2023 PENDING ON THE FILE OF THE ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT CHAMARAJANAGAR. 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:26771 CRL.P No. 8845 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.3 in Crime No.74/2025 registered by Chamarajanagar East Police Station, Chamarajanagar, for the offences punishable under Sections 352, 126(2), 115(2), 118(1), 103(1), 54 read with 3(5) of BNS, 2023, is before this Court under Section 482 of BNSS, 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.74/2025 was registered by Chamarajanagar East Police Station, Chamarajanagar, initially for the offences punishable under Sections 352, 126(2), 115(2), 118(1), 3(5) of BNS, 2023, against Smt. Nagarathnamma and two others based on the first information dated 23.04.2025 submitted by Chennabasavaiah aged about 75 years who is the deceased in the present case. It appears that subsequently injured Chennabasavaiah had died on 26.04.2025, and thereafter, the offence punishable under Section 103(1) of BNS, 2023, was invoked against the accused in the present case. Apprehending arrest in the case, petitioner - 3 - HC-KAR NC: 2025:KHC:26771 CRL.P No. 8845 of 2025 who is arrayed as accused no.3 in the FIR, had filed Crl. Misc. No.173/2025 before the jurisdictional Sessions Court, which was rejected on 13.06.2025. Therefore, she is before this Court. 4. Perusal of the first information submitted by Chennabasavaiah would go to show that on the evening of 22.04.2025 at about 4.30 p.m., he and the accused named in the FIR had fought against each other on the issue of grazing cattle and in the said incident, accused no.1 - Nagarathnamma allegedly had caught hold of his collar and her daughters-in-law who are arrayed as accused nos.2 & 3 snatched his walking stick and allegedly assaulted the first informant with the said stick on his legs and caused injuries. Thereafter, he was allegedly shifted to the hospital for the purpose of treatment. 5. In respect of the alleged incident that had taken place on the evening of 22.04.2025, a case and counter case has been registered in Crime No.74/2024 & Crime No.75/2025 by the very same police station. In Crime No.75/2025, Chennabasavaiah is named as accused. Petitioner is a married lady aged about 21 years and it is not in dispute that she has - 4 - HC-KAR NC: 2025:KHC:26771 CRL.P No. 8845 of 2025 no criminal antecedents. The allegation against her is that she and accused no.2 had assaulted deceased on his legs with his walking stick. Deceased aged about 75 years who was injured in the incident had subsequently died in the hospital and the cause of death is yet to be known. 6. Considering the aforesaid aspects of the matter, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 7. 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.74/2025 registered by Chamarajanagar East Police Station, Chamarajanagar, for the offences punishable under Sections 352, 126(2), 115(2), 118(1), 103(1), 54 read with 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/- - 5 - HC-KAR NC: 2025:KHC:26771 CRL.P No. 8845 of 2025 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 KK