- 1 - HC-KAR NC: 2025:KHC:42701-DB CRL.A No. 1489/2025 C/W CRL.A No. 1488/2025 CRL.A No. 1490/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO.1489/2025 (21(NIA)) C/W CRIMINAL APPEAL NO.1488/2025 (21(NIA)), CRIMINAL APPEAL NO.1490/2025 (21(NIA)) BETWEEN: MRS. LAXMI POOJARTHI @THOMBATTU LAXMI @ PREMA AGED ABOUT 40 YEARS WIFE OF BOYA SANJEEV KUMAR RESIDING AT HAMAALI COLONY ANANTHAPURA, 515001 ANDHRA PRADESH, INDIA … COMMON APPELLANT (BY SRI. S BALAKRISHNAN, ADVOCATE) IN CRL.A No. 1489/2025 AND: STATE BY SHANKARNARAYANA POLICE STATION, UDUPI REPRESENTING SPP HIGH COURT BUILDING BENGALURU-560 001 …RESPONDENT (BY SMT.RASHMI JADHAV, ADDL. SPP) IN CRL.A NO. 1488/2025 AND: STATE OF KARNATAKA BY AMASEBAILU POLICE STATION, UDUPI, REP. BY SPP HIGH COURT BUILDING BENGALURU-560 001 ...RESPONDENT (BY SMT.RASHMI JADHAV, ADDL. SPP) Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42701-DB CRL.A No. 1489/2025 C/W CRL.A No. 1488/2025 CRL.A No. 1490/2025 IN CRL. A. NO. 1490/2025 AND: STATE OF KARNATAKA BY SHANKARANARAYANA POLICE STATION UDUPI REPRESENTING SPP HIGH COURT BUILDING BENGALURU-560 001 ...RESPONDENT (BY SMT.RASHMI JADHAV, ADDL. SPP) THESE CRIMINAL APPEALS ARE FILED UNDER SECTION 21(4) OF NIA PRAYING TO SET ASIDE THE ORDER DATED 17.04.2025 IN SC NO.507/2025 (CR.NO.111/2008), SC NO.508/2025 (CR.NO.101/2008) AND SC NO.509/2025 (CR.NO.113/2007) PASSED BY ADDL. DISTRICT AND SESSIONS JUDGE, UDUPI (SITTING AT KUNDAPURA) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 448, 323, 324, 504, 506(2) 121A, 121B, 124A, 307 READ WITH SECTION 149 AND 3, 10, 13 OF UAP ACT AND UNDER SECTION 3 AND 25 OF ARMS ACT, 1959 AND UNDER SECTIONS 4 AND 5 OF EXPLOSIVE SUBSTANCES ACT, 1908. THESE CRIMINAL APPEALS, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL) These appeals arise out of rejection of the bail application of the appellant in S.C.Nos.507/2025, 508/2025 and 509/2025 on the file of Additional District and Session Judge at Udupi (sitting at Kundapura). The aforesaid Sessions cases in turn - 3 - HC-KAR NC: 2025:KHC:42701-DB CRL.A No. 1489/2025 C/W CRL.A No. 1488/2025 CRL.A No. 1490/2025 arise out of Crime Nos.111/2008, 101/2008 and 113/2007 of respondents’ Police Stations. 2. The appellant was accused No.4 in S.C.Nos.508 and 509 of 2025 and accused No.5 in S.C.No.507/2025 before the Trial Court respectively. 3. The appellant was charge sheeted in S.C.No.507/2025 for the offences punishable under Sections 143, 147, 148, 506, 511, 121A, 124A read with Section 149 of Indian Penal Code, 1860 (for short, 'IPC'); Sections 3, 10, 13 of Unlawful Activities (Prevention) Act, 1967 (for short, 'UAP' Act) and Sections 3 and 25 of Indian Arms Act, 1959 (for short, 'Arms' Act). 4. In S.C.No.508/2025, the appellant was charge sheeted for the offences punishable under Sections 143, 147, 148, 448, 323, 504, 506(2) read with Section 149 IPC; Sections 3, 10, 13 of UAP Act and Sections 3 and 25 of Arms Act. 5. Appellant was charge sheeted in S.C.No.509/2025 for the offences punishable under Sections 143, 147, 148, 121B, 307 read with Section 149 IPC; Sections 3, 10, 13 of UAP - 4 - HC-KAR NC: 2025:KHC:42701-DB CRL.A No. 1489/2025 C/W CRL.A No. 1488/2025 CRL.A No. 1490/2025 Act; Section 25 of Arms Act and Sections 4 and 5 of Explosive Substance Act, 1908. 6. The original matters are of the years 2007, 2008 and 2010. As the appellant could not be secured, split up cases were registered against her. The cases were sent to long pending register. Under the scheme of the Government for Surrender and Rehabilitation of Naxalites, on 02.02.2025, appellant surrendered before the District Committee for Rehabilitation of Naxalites. On her arrest and production before the Court, above referred Sessions case came to be registered against her. 7. Learned SPP-II for respondent/State submits copy of the proceedings dated 02.02.2005 of the District Committee headed by Deputy Commissioner of Udupi District for Surrender and Rehabilitation of Naxalites. 8. In S.C.No.507/2025, it was alleged that the appellant being member of Naxalite group, affixed handbills and banners containing intimidating messages against Anti Naxal Force and Government on the wall of shop of Shekhar Shetty and banners to tree situated adjacent to the said shop and circulated the hand bills. - 5 - HC-KAR NC: 2025:KHC:42701-DB CRL.A No. 1489/2025 C/W CRL.A No. 1488/2025 CRL.A No. 1490/2025 9. In S.C.No.508/2025, it was alleged that on 03.11.2008 at about 9.00 p.m., the appellant and five other persons of a naxalite team forming themselves into an unlawful assembly, armed with guns, trespassed into the house of Narayana Naik at Hanja and assaulted him with clubs, abused him in foul language and threatened him of his life if he obstructs the tribal people from collecting forest produce or if informs the same to the police. They alarmed him that he will also face the fate of Bhoja Shetty, who was slain. 10. In S.C.No.509/2025, it was alleged that on 13.11.2007, when the complainant and his staff members were on Naxalite combing operation at Machhuttu grama, Kottambari Cross, at 10.00 a.m., firing was done on the complainant’s team who retaliated by counter firing. After fifteen minutes of silence, when the complainant moved forward, the naxalite team consisting of their leader Mahesh, appellant, two women and three men, escaped from the spot. On search, the complainant traced one gun, flags, utensils, torchlight, glass etc., and the same were seized. Thus, different cases were registered against the appellant and others as stated above in - 6 - HC-KAR NC: 2025:KHC:42701-DB CRL.A No. 1489/2025 C/W CRL.A No. 1488/2025 CRL.A No. 1490/2025 Cr.Nos.111/2008, 101/2008 and 113/2007 in the Shankarnarayana police station. 11. Though the appellant was absconding for long time, the Government itself, under its Order dated 02.02.2025, in HD 402, SC/ST 2023(1), Bengaluru made a scheme for Rehabilitation of Surrendered Naxalites. On 02.02.2025, the appellant surrendered before the District Committee for Surrender and Rehabilitation of left wing extremists in Karnataka, Udupi District. Consequently, she was arrested and she is in judicial custody. She applied for bail before the Trial Court and the same was opposed by the State. The Trial Court on hearing both sides, has rejected the bail applications on the following grounds: i. There is prima-facie material to show that she has indulged in committing unlawful activities. ii. She was absconding since 2006. If bail is granted, again she may abscond and indulge in similar offences by joining group of naxalites and wage war against the community and State. - 7 - HC-KAR NC: 2025:KHC:42701-DB CRL.A No. 1489/2025 C/W CRL.A No. 1488/2025 CRL.A No. 1490/2025 12. So far as conduct of the appellant in absconding, the Hon'ble Supreme Court in the case of Asha Dubey Vs State of Madhya Pradesh reported in 2024 SCC OnLine SC 5633 in para - 8 and 9 held as follows: "8. Coming to the consideration of anticipatory bail, in the event of the declaration under Section 82 of the Cr.P.C., it is not as if in all cases that there will be a total embargo on considering the application for the grant of anticipatory bail. 9. When the liberty of the appellant is pitted against, this Court will have to see the circumstances of the case, nature of the offence and the background based on which such a proclamation was issued. Suffice it is to state that it is a fit case for grant of anticipatory bail, on the condition that the appellant shall cooperate with the further investigation. However, liberty is also given to the respondents to seek cancellation of bail that has been granted, in the event of a violation of the conditions which are to be imposed by the Trial Court or if there are any perceived threats against the witnesses." (Emphasis supplied) 13. Sri. S.Balakrishnan, learned counsel appearing for the appellant submits that against appellant there are no serious allegations of physical violence, only allegation against - 8 - HC-KAR NC: 2025:KHC:42701-DB CRL.A No. 1489/2025 C/W CRL.A No. 1488/2025 CRL.A No. 1490/2025 her is that she circulated some naxalite literature. He submits that she has married her companion in the team, at young age, motivated by ideology of helping the tribals, she was drawn to such group. She is married, have children and settled down in Ananthapura for a long time. Except these cases, there are no other cases pending against her. On the assurance of the State for Rehabilitation, she has surrendered before the Deputy Commissioner, Udupi. He submits that the Trial Court has committed error in rejecting the bail application of the appellant, therefore, appeals be allowed. 14. Smt. Rashmi Jadhav, learned Addl. SPP for respondent/State submits that in view of the scheme of the Government, the appellant has surrendered before the Deputy Commissioner, Udupi. Therefore, her application may be considered. 15. As rightly pointed out by the learned counsel for the appellant, the allegations against the appellant are that motivated by ideology of protecting tribals, she was drawn to such groups. It is alleged that herself and other accused circulated naxalite literature, threatened one person not to - 9 - HC-KAR NC: 2025:KHC:42701-DB CRL.A No. 1489/2025 C/W CRL.A No. 1488/2025 CRL.A No. 1490/2025 obstruct tribals from collecting forest produce and not to give information about them to the police. The records show that the State Government itself satisfied with the intention of appellant’s surrender to join main stream has even declared to provide her monetary package of Rs.7,50,000/-, monthly financial aid of Rs.5,000/-, skill building programmes for her etc., on her surrender. Still the State had opposed the application before the Trial Court. 16. Learned counsel for the appellant submits that financial assistance assured to her is also not paid. It is not disputed that the appellant has children, herself and her family has settled down in Ananthapura. 17. Considering the aforesaid facts and circumstances, this Court is of the opinion that, appeals deserve to be allowed and the appellant deserves to be enlarged on bail with suitable conditions. Hence, the following:- ORDER The appeals are allowed. The impugned orders in Crl.A.Nos.1488/2025, 1489/2025 and 1490/2025 passed by Additional District and Session - 10 - HC-KAR NC: 2025:KHC:42701-DB CRL.A No. 1489/2025 C/W CRL.A No. 1488/2025 CRL.A No. 1490/2025 Judge at Udupi (sitting at Kundapura) in S.C.Nos.507/2025, 508/2025 and 509/2025 respectively are hereby set aside. The appellant is granted bail in all the above cases subject to the following conditions: (i) She shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the trial Court; (ii) She shall appear before the Court as and when required; (iii) She shall not tamper the witnesses by threat, inducement or otherwise; (iv) She shall furnish her residential address proof for her identity. Communicate copy of this order to the trial Court and concerned prison forthwith. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (VENKATESH NAIK T) JUDGE JS List No.: 1 Sl No.: 16