- 1 - NC: 2025:KHC-K:1359 CRL.P No. 200290 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 200290 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SMT. RENUKA W/O BASAVARAJ CHITTAPUR, AGE:37 YEARS, OCC: HOUSE HOLD WORK, R/O. HITTANALLI, TQ. AND DIST. VIJAYAPUR-586 112 …PETITIONER (BY SRI. R. S. LAGALI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH THE PSI., VIJAYAPURA RURAL PS., REP. BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI- 585 103. 2. LAXMAN S/O BASAPPA CHITTAPUR, AGE:77 YEARS, OCC: AGRICULTURE, R/O. HITTANALLI, NOW AT HULILGERI, TQ. BADAMI, DIST. BAGALKOT-587 201. …RESPONDENTS (BY SMT. MAYA T.R., HCGP FOR R1 V/O DTD. 28.02.2025, NOTICE TO R2 IS HELD SUFFICIENT) THIS CRL.P IS FILED U/S. 438 OF CR.P.C (OLD), U/S. 482 OF BNSS (NEW), PRAYING TO ALLOW THIS ANTICIPATORY BAIL PETITION AND THEREBY ORDER THE RELEASE OF THE Digitally signed by SHIVAKUMAR HIREMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1359 CRL.P No. 200290 of 2025 PETITIONER IN THE EVENT OF HER ARREST IN CRIMINAL CASE NO. 6118/2024 (ARISING OUT OF PRIVATE COMPLAINT NO. 369/2023) BEFORE THE HON’BLE IV ADDL. CIVIL JUDGE AND JMFC III, VIJAYAPURA AGAINST THE PETITIONER FOR THE OFFENCES PUNISHABLE U/S 423, 426, 427, 465, 468, 471, 474 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Petitioner is before this Court under Section 482 of BNSS, 2023, with a prayer to grant anticipatory bail in criminal case No.6118/2024, arising out of private complaint No.369/2023 pending before the Court of IV Additional Civil Judge & JMFC III, Vijayapura, registered for offences punishable under Sections 423, 426, 427, 465, 468, 471 & 474 of IPC. 2. Heard the learned Counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2, - 3 - NC: 2025:KHC-K:1359 CRL.P No. 200290 of 2025 who is served in the matter, has remained unrepresented before this Court. 3. Learned Counsel for the petitioner submits that petitioner is a married lady aged about 37 years. Learned Magistrate has taken cognizance of the alleged offences which are non-bailable. Petitioner apprehends arrest in the case and therefore, she had approached the Jurisdictional Sessions Court in Crl.Misc.No.55/2025, which was rejected on 25.01.2025. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP has opposed the petition and she submits that learned Session Judge has rejected the bail application for the reason that there is no apprehension of arrest and accordingly, she prays to dismiss the petition. 5. Private complaint in the present case is filed by respondent No.2 herein alleging that the petitioner has committed offences punishable under Sections 423, 426, - 4 - NC: 2025:KHC-K:1359 CRL.P No. 200290 of 2025 427, 465, 468, 471 and 474 of IPC. The offences punishable under Sections 468, 471 and 474 are undisputedly non bailable offences. The learned Magistrate after recording the sworn statement of respondent No.2 has taken cognizance of the alleged offences and has issued summons to the petitioner. Petitioner who is a married lady aged about 37 years apprending arrest in the case had approached the Jurisdictional Sessions Court in Crl.Misc.55/2025, which was dismissed on 25.01.2025, on the ground that since, the learned Magistrate has issued summons there cannot be any apprehension of arrest and accordingly, dismissed the petition. 6. Considering the fact that the learned Magistrate has taken cognizance of the alleged offences which are non bailable in nature, the apprehension expressed by the petitioner cannot said to be misconceived. The Hon’ble Supreme Court in the case of Mahdoom Bava Vs. Central Bureau of Investigation1 in almost similar 1 2023 SCC OnLine SC 299 - 5 - NC: 2025:KHC-K:1359 CRL.P No. 200290 of 2025 circumstances, has observed that in the event the party expresses that there is a likelihood of the Court remanding him/her to judicial custody, then such apprehensions cannot be said to be totally misconceived. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER i. The petition is allowed. ii. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of her arrest in criminal case No.6118/2024 arising out of private complaint No.369/2023 pending before the Court of IV Additional Civil Judge and JMFC III, Vijayapura, registered for offences punishable under Sections 423, 426, 427, 465, 468, 471 & 474 of IPC, subject to the following conditions: - 6 - NC: 2025:KHC-K:1359 CRL.P No. 200290 of 2025 1. The petitioners shall appear before the Trial Court within a period of 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the Trial Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioner shall not tamper with the prosecution witnesses. 4. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE TMP List No.: 1 Sl No.: 12 CT:PK