- 1 - HC-KAR NC: 2025:KHC:44039 CRL.P No. 12702 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12702 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SMT.DIVYA, W/O ABHISHEK, AGED ABOUT 25 YEARS, R/AT NO. 15, N BLOCK, CHAMPION REEF, KGF, KOLAR- 563 120. 2. KUM. GAYATHRI, D/O SHIVARAJ, AGED ABOUT 24 YEARS, R/AT NO. 584, ST BLOCK, OORGUAM, KGF, KOLAR- 563 120. 3. KUM. MANIMEGALAI, D/O SHIVARAJ, AGED ABOUT 19 YEARS, R/AT NO. 584, ST BLOCK, OORGUAM, KGF, KOLAR- 563 120. …PETITIONERS (BY SRI. BHARATH GOWDA B R.,ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH OORGAUM PS KGF, KOLAR DISTRICT, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44039 CRL.P No. 12702 of 2025 HIGH COURT BUILDING, BENGALURU- 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THIS CRIMINAL PETITION AND DIRECT THE RESPONDENT OORAGAUM POLICE TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.48/2025 FOR THE OFFENCE P/US/ 189(2),115(2),132,121(1),109,352,351(2),190 OF BNS ON THE FILE OF THE OORGUAM POLICE STATION, KGF WHICH IS PENDING BEFORE THE HONBLE ADDL. CIVIL JUDGE (Jr.Dn.) AND JMFC AT KGF, KOLAR DISTRICT. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused Nos.2, 3 and 6 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS 2023') seeking bail in Crime No.48/2025 for the offence punishable under Sections 189(2), 115(2), 132, 121(1), 109, 352, 351(2), and 190 of BNS, registered by Oorgaum police station, KGF, pending before the Addl. Civil Judge and JMFC at KGF, Kolar District. - 3 - HC-KAR NC: 2025:KHC:44039 CRL.P No. 12702 of 2025 2. Heard learned counsel for the petitioners and the learned High Court Government Pleader for respondent. 3. Learned counsel for petitioners would contend that, the petitioners are women and among them petitioner No.1/accused No.2 is the wife of accused No.1 and all are falsely implicated in the case. The only overt act alleged is against accused no.1. The petitioner No.2 is working as teacher and petitioner No.3 is working in a garment factory. The petitioners are having children to look after. The charge sheet is filed and the petitioners are not required for custodial interrogation. The petitioners are in custody since 21.08.2025 and there are no criminal antecedents against the petitioners. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader would contend that the petitioners alleged to have assaulted police constable and obstructed them when they were on duty to secure accused no.1, who has violated the order of externment. The first informant, Ramesh has - 4 - HC-KAR NC: 2025:KHC:44039 CRL.P No. 12702 of 2025 sustained 4 injuries and another person Ashok has sustained 3 injuries and out of the same 1 injury is said to be grievous in nature. If the petitioners are granted bail, they will threaten the complainant and other prosecution witnesses. With these, she prayed for rejection of the petition. 5. Having heard the learned counsels appearing for the parties, this Court has perused the FIR, complaint and other materials placed on record. 6. It is the case of the prosecution that the first informant Ramesh and Ashok who are police constables were on duty on 08.08.2025 to secure accused No.1 who violated order of externment. At that time, the said accused No.1 and the petitioners who are accused Nos.2, 3 and 6 and other accused persons assaulted the said two police constables who were on duty and obstructed them from discharging their duties and attempted to kill the said Ramesh. The petitioners were arrested on 21.08.2025 and they are in judicial custody. Charge sheet has been - 5 - HC-KAR NC: 2025:KHC:44039 CRL.P No. 12702 of 2025 filed and therefore petitioners are not required for further custodial interrogation. Ramesh has sustained 4 simple injuries and Ashok has sustained 3 injuries, and out of that 1 injury is grevious in nature. Whether the petitioners have attempted to kill the injured is the matter of trial. The petitioners are women and there are no criminal antecedents of the petitioners. 7. Considering all these aspects, the petitioners have made out a case for grant of the bail with conditions. In the result, I pass the following: ORDER This Criminal Petition is allowed. The petitioners are granted bail in Crime No.48/2025 for the offence punishable under Sections 189(2), 115(2), 132, 121(1), 109, 352, 351(2), and 190 of BNS, registered by Oorgaum police station, KGF, pending before the Addl. Civil Judge and JMFC at KGF, Kolar District and is ordered to be released on bail, subject to following conditions: - 6 - HC-KAR NC: 2025:KHC:44039 CRL.P No. 12702 of 2025 i) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the satisfaction of the Trial Court. ii) The petitioners shall not tamper the prosecution witnesses, either directly or indirectly. iii) The petitioners shall appear before the Trial Court on all the dates of hearing unless exempted by the Court and cooperate for the speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE AKV List No.: 1 Sl No.: 22