- 1 - HC-KAR NC: 2025:KHC-D:7960 CRL.P No. 102062 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102062 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: SMT. NINGAMMA W/O. MUNIYAPPA KANAKAGIRI, AGE: 35 YEARS, OCC: LABOURER, R/O. GUNDURU VILLAGE, TQ. KARATAGI, DIST. KOPPAL-583236. …PETITIONER (BY SHRI PRAVEENKUMAR G., ADV. FOR SHRI ANAND R. KOLLI, ADVOCATE) AND: STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD, THROUGH KARATAGI POLICE STATION, DIST. DHARWAD-580008. …RESPONDENT (BY SHRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C. (482 OF BNSS), SEEKING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CONNECTION WITH CRIME NO.24/2025 REGISTERED BY KARATAGI POLICE STATION FOR THE OFFENCES PUNISHABLE U/S.316(2), 318(4) OF BNS, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7960 CRL.P No. 102062 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard learned counsel Sri.Praveen Kumar G. for learned counsel Sri.Anand R. Kolli, counsel for the petitioner and Sri.Jairam Siddi, learned High Court Government Pleader for the respondent – State. 2. The petitioner/accused has filed this petition under Section 438 of Cr.P.C., [482 of Bharatiya Nagarik Suraksha Sanhita, 2023] praying to grant anticipatory bail in Crime No.24/2025 of Karatagi Police Station for the offences punishable under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’). 3. Brief facts of the prosecution case is as under; One Rajappa, first informant lodged complaint with respondent-Police alleging that since last one and half month prior to registration of complaint, petitioner- Ningamma came to their house and told them that there - 3 - HC-KAR NC: 2025:KHC-D:7960 CRL.P No. 102062 of 2025 was a evil in their house and she would solve by performing pooja since she was a Jogamma and she further told that there is a week pooja and until the pooja completed no gold be put in the house and the accused asked the gold ornaments approximate weight 8 tolas, which was kept with her. Thereafter, petitioner performed pooja in their house for about five days. But, she did not return the gold. Hence, first informant lodged the complaint, which leads to registration of FIR and investigation. 4. Apprehending the arrest at the hands of respondent/police, the petitioner/accused preferred this anticipatory bail petition contending that petitioner is innocent and has not committed any offences. There are no criminal antecedents of the petitioner. She is eking her livelihood by labour work. In order to harass the petitioner, a false case has been registered against the petitioner. The petitioner is a woman and she is ready to abide by the conditions to be imposed by this Court. With - 4 - HC-KAR NC: 2025:KHC-D:7960 CRL.P No. 102062 of 2025 these grounds, counsel for petitioner prayed for allowing the petition. 5. Per contra, learned High Court Government Pleader contended that there is a prima facie case against the petitioner/accused and she has committed theft of eight tolas of gold ornaments of the first informant. Hence, she is not entitled for bail and prayed for dismissal of petition. 6. On perusal of the material available on record, it appears that the first informant made allegations against the petitioner for misplacing the eight tolas of gold from his house, which was kept for performing the pooja. Whoever, intending to take dishonestly any movable property of the position of any person without that person’s consent moves that, property in order to such taking is said to be committing theft. It shows that, the petitioner alleged to be misplaced the gold articles. The alleged offences are not punishable with death or imprisonment for life. - 5 - HC-KAR NC: 2025:KHC-D:7960 CRL.P No. 102062 of 2025 7. Bail is rule, jail is an exception. Since the petitioner is woman folk and she is eking her livelihood by doing labour work, her custodial interrogation is not at all required. Considering the nature of allegation made against the petitioner, gravity of offence, severity of punishment, chances of petitioner absconding or fleeing away from justice if released on bail, character and antecedents of the petitioner tampering of the prosecution witnesses, the petitioner is entitled for grant of bail by imposing certain conditions. Accordingly, the Court proceeds to pass the following; ORDER The petition filed under Section 438 of Cr.P.C., is allowed. The petitioner/accused is ordered to be enlarged on anticipatory bail, in the event of her arrest by the respondent-police in Crime No.24/2025 of Karatagi Police Station, on she executing a personal bond for a sum of Rs.2,00,000/- with a surety for the like sum to the - 6 - HC-KAR NC: 2025:KHC-D:7960 CRL.P No. 102062 of 2025 satisfaction of the S.H.O or I.O, subject to the following conditions: i) The petitioner shall surrender herself before the S.H.O/I.O within a period of 15 days from today; ii) The petitioner shall not tamper with the prosecution witnesses directly or indirectly; iii) Petitioner shall not threaten the prosecution witnesses. iv) The petitioner shall appear before the Court regularly. v) The petitioners shall not involve in any similar offences. Sd/- (VENKATESH NAIK T) JUDGE HMB /CT-AN List No.: 1 Sl No.: 23