- 1 - HC-KAR NC: 2025:KHC:27228 CRL.P No. 8857 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8857 OF 2025 BETWEEN: SMT. SUHASINI W/O MURTHY, AGED ABOUT 26 YEARS, R/AT AMBEDKAR COLONY, KOTIUGANEYA VILLAGE, VENKATAYYANA CHATRA, CHAMARAJANAGAR TALUK AND DISTRICT - 571 342. …PETITIONER (BY SRI. VINAYA CHANDRA, ADVOCATE) AND: THE STATE OF KARNATAKA CHAMARAJANAGAR EAST POLICE STATION, CHAMARAJANAGAR DISTRICT - 571 342. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 1. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) OF CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN CRIME NO.74/2025 OF CHAMARAJANAGAR POLICE STATION FOR ALLEGED OFFENCE P/U/S 352, 126(2), 115(2), 118(1), 103(1), 54 R/W SEC.3(5) OF BNS 2023 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27228 CRL.P No. 8857 of 2025 PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (Jr.Dn.) AND JMCC COURT CHAMARAJNAGAR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in Crime No.74/2025 registered by the Chamarajanagara East Police Station, Chamarajanagara for offences punishable under Sections 352, 126(2), 115(2), 118(1), 103(1), 54 R/W SEC.3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.74/2025 was registered by Chamarajanagara East Police Station, Chamarajanagara initially for offences punishable under Sections 352, 126(2), 115(2), 118(1), 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 based on the first information received on 23.04.2025 from Chennabasavaiah, aged about 75 years, who is the deceased in the present case. It appears that Chennabasaviah - 3 - HC-KAR NC: 2025:KHC:27228 CRL.P No. 8857 of 2025 subsequently 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 who is arrayed as accused No.2 in the FIR, had filed Crl.Misc.No.172/2025 before the jurisdictional Sessions Court, which was rejected on 13.06.2025. Therefore, she is before this Court. 4. Learned counsel for the petitioner submits that accused Nos.1 to 3 are ladies. Accused No.1 is the mother-in- law of accused Nos.2 and 3. Accused No.3 has been granted anticipatory bail by this Court in Crl.P.No.8845/2025. Accordingly, prays to allow the petition. 5. Per contra, the learned HCGP who has opposed the petition, however, does not dispute the submission made by the learned counsel for the petitioner. 6. Perusal of the material on record would go to show that the allegations against accused Nos.2 and 3 who are the daughters-in-law of accused No.1 are similar. Accused No.3 has been granted anticipatory bail by this Court in - 4 - HC-KAR NC: 2025:KHC:27228 CRL.P No. 8857 of 2025 Crl.P.No.8845/2025 and in paragraph Nos.4 and 5 of the said order, it is observed as follows: "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 no criminal antecedents. The allegation against her is that she and accused - 5 - HC-KAR NC: 2025:KHC:27228 CRL.P No. 8857 of 2025 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." Under these circumstances, I am of the opinion that the prayer made by the petitioner is required to be answered in affirmative on the ground of parity. Accordingly, the following: ORDER 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 his arrest in Crime No.74/2025 registered by the Chamarajanagara East Police Station, Chamarajanagara for offences punishable under Sections 352, 126(2), 115(2), 118(1), 103(1), 54 R/W SEC.3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer within fifteen days from the date of receipt of the copy of this Order and shall execute a personal bond for a sum - 6 - HC-KAR NC: 2025:KHC:27228 CRL.P No. 8857 of 2025 of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the Investigating Officer. (ii) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. (iii) Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. (iv) The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE SNC List No.: 1 Sl No.: 37 CT: BHK