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2025 DAILYLAW 71226 (KAR)

SMT NAGARATHNAMMA v. THE STATE OF KARNATAKA

CRL.P/11003/2025 · 2025-09-03

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34625 CRL.P No. 11003 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11003 OF 2025 BETWEEN: SMT. NAGARATHNAMMA W/O NARAYANASWAMY, AGED ABOUT 51 YEARS R/AT AMBEDKAR COLONY, KOTIUGANEYA VILLAGE, VENKATAYYANA CHATRA, CHAMARAJANAGAR TALUK AND DISTRICT - 571 342. …PETITIONER (BY SMT. ROOPAVATHI M.H., ADVOCATE FOR SRI. VINAYACHANDRA., ADVOCATE) AND: THE STATE OF KARNATAKA CHAMARAJANAGAR EAST POLICE STATION, CHAMARAJANAGAR DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTOR, BENGALURU-1. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN CR.NO.74/2025 OF CHAMARAJANAGAR EAST P.S. FOR ALLEGED OFFENCES U/S. 352, 126(2), 115(2), 118(1), 103(1), 54 R/W 3(5) OF BNS, 2023, PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND (JR.DN.) AND JMFC COURT, CHAMARAJANAGAR. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34625 CRL.P No. 11003 of 2025 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 parties. 2. FIR is registered in Crime No.74/2025 of Chamarajanagara East Police Station, Chamarajanagara, against accused Nos.1 to 3 for the offence Punishable under Section 352, 126(2), 115(2), 118(1), and 3(5) OF BNS, 2023. 3. The victim by name Chennabasavaiah, aged 75 years has alleged in the complaint that on 22.04.2025, at about 04:30 p.m., when the accused were grazing their cattle in his land, he objected, and at that time, accused No.1 held his collar and assaulted with hands, accused Nos.2 and 3 snatched his walking stick and assaulted him with the said walking stick. 4. Victim was admitted at CIMS hospital, Chamarajanagara, wherein, he died while undergoing - 3 - HC-KAR NC: 2025:KHC:34625 CRL.P No. 11003 of 2025 treatment on 26.04.2025. Following his death, Section 103(1) of BNS, 2023 was invoked. 5. Petitioner is arraigned as accused No.1 in the FIR. She is the mother-in-law of accused Nos.2 and 3. The allegations are that, when the deceased questioned the accused, on seeing them grazing their cattle in his land, accused No.1 i.e., the petitioner herein, held his collar and assaulted with hands and accused Nos.2 and 3 assaulted him with the walking stick. 6. As per postmortem report, death is due to respiratory failure as a result of Chronic disease of Lungs. 7. At this stage, it cannot be said that there was any intention on the part of the petitioner to cause the death of deceased. Accused Nos.2 and 3 have been enlarged on anticipatory bail by this Court in Crl.P.No.8857/2025 and Crl.P.No.8845/2025. Hence, the following:- - 4 - HC-KAR NC: 2025:KHC:34625 CRL.P No. 11003 of 2025 ORDER i) Petition is allowed. ii) Petitioner/accused No.1 in Crime No.74/2025 of Chamarajanagara East Police Station, Chamarajanagara, is ordered to be released in the event of her arrest subject to following conditions:- a) She shall appear before the Investigating Officer within a period of 10 days from the date of receipt of a copy of this order and shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum. b) She shall furnish proof of her residential address and shall inform the I.O. in case of change in the address. c) She shall co-operate with the investigation of the case. d) She shall not tamper with the prosecution evidence/witnesses either directly or indirectly. - 5 - HC-KAR NC: 2025:KHC:34625 CRL.P No. 11003 of 2025 e) She shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 30 CT-SG