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2026 DAILYLAW 17802 (KAR)

THUMMALA SARADA @ SHARADA (A2) v. THE STATE OF KARNATAKA, BY KR PURAM POLICE STATION

CRL.P/7268/2026 · 2026-05-19

K V Aravind

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:24803 CRL.P No. 7268 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND CRIMINAL PETITION No. 7268 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. THUMMALA SARADA @ SHARADA (A2), W/O. LATE THUMMALA BABU, AGED ABOUT 50 YEARS, R/A. NARAYANAREDDY PETA, NELLORE RURAL, GUDIPALLIPADU, NELLUR, ANDHRA PRADESH-524314. 2. OTTURU ANUSHA @ ANUSHA (A5) W/O. OTTURU VENKATESHWARLU, AGED ABOUT 38 YEARS, R/A. R. R. NAGAR, ALLIPURAM (RURAL), ALLIPURAM, NELLORE, ANDHRA PRADESH-524314. …PETITIONERS (BY SRI BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY K R PURAM POLICE STATION, BANGALORE, REPRESENTED BY S.P.P., HIGH COURT PREMISES, BANGALORE-01. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:24803 CRL.P No. 7268 of 2026 THIS CRL.P. IS FILED UNDER SECTION 438 CR.P.C. (U/S 482 BNSS) CRL.P.C. PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CR.No.147/2026, FOR THE OFFENCES P/U/S 3(5),80(2),85 OF BNS, 2023, UNDER SECTION 3 AND 4 OF D.P. ACT, PENDING BEFORE THE LEARNED 29th CMM COURT, MAYO HALL, BENGALURU CITY. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER Heard Sri Bhadravadi Siddeswara, learned counsel appearing for the petitioners/accused Nos.2 and 5, and Smt.Rashmi Patel, learned High Court Government Pleader appearing for the respondent-State. 2. This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) by accused Nos.2 and 5 seeking grant of anticipatory bail in Crime No.147/2026 registered by K.R. Puram Police Station, Bengaluru City, for the offences punishable under Sections 3(5), 80(2) and 85 of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’), and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short, ‘D.P. Act’). - 3 - HC-KAR NC: 2026:KHC:24803 CRL.P No. 7268 of 2026 3. The complaint came to be filed by Smt. G. Padmavathi against the accused persons alleging that the complainant’s daughter died an unnatural death while undergoing treatment in an unconscious state with severe injuries. It is alleged in the complaint that the accused persons subjected the deceased to harassment, mental and physical cruelty, and dowry-related harassment, on account of which the complainant’s daughter succumbed. 4. Learned counsel for the petitioners submits that accused No.2 is the mother-in-law and accused No.5 is the sister-in-law of the deceased. He further submits that the alleged incident took place in Bengaluru, where accused No.1 and the deceased were residing. It is contended that the petitioners are residing at Nellore, Andhra Pradesh, and that there is no prima facie material to indicate their involvement in the alleged offences. 5. Learned High Court Government Pleader appearing for the respondent-State submits that the investigation is at its initial stage and, if the petitioners are granted anticipatory bail, they may not co-operate with the investigation. - 4 - HC-KAR NC: 2026:KHC:24803 CRL.P No. 7268 of 2026 6. Considered the submissions made by the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State. 7. Prima facie, a perusal of the complaint indicates that, at the time of the alleged incident, the deceased was residing in Bengaluru along with accused No.1. The material on record further indicates that the deceased was employed as a Software Engineer in a company at Bengaluru. The complaint does not disclose that the petitioners were residing along with accused No.1 and the deceased. On the other hand, the material placed on record indicates that the petitioners are residing in Andhra Pradesh. It is not the case of prosecution that petitioners were present in Bengaluru on the date of the incident. 7.1 At this stage, there is no prima facie material to indicate that the petitioners would not co-operate with the investigation. The alleged involvement of the petitioners can be investigated without subjecting them to custodial interrogation. However, in order to ensure their co-operation in the investigation, appropriate conditions can be imposed. - 5 - HC-KAR NC: 2026:KHC:24803 CRL.P No. 7268 of 2026 8. In the above circumstances, without expressing any opinion on the merits of the case, this Court is of the view that the petitioners/accused Nos.2 and 5 are entitled to be enlarged on anticipatory bail. 9. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The respondent-Police are directed to release the petitioners/accused Nos.2 and 5 in the event of their arrest in Crime No.147/2026 registered by K.R. Puram Police Station, Bengaluru City, for the offences punishable under Sections 3(5), 80(2) & 85 of the BNS and Sections 3 and 4 of the D.P. Act, subject to the following conditions: (a) The petitioners/accused Nos.2 and 5 shall appear before the Investigating Officer within 15 days from the date of receipt of copy of this order and each of them shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh) only with two sureties for - 6 - HC-KAR NC: 2026:KHC:24803 CRL.P No. 7268 of 2026 the likesum to the satisfaction of the Investigating Officer. (b) Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. (c) Petitioners shall not tamper with the prosecution witness and shall co-operate with the Police for investigation and appear before them whenever called upon. (d) The petitioners shall not involve in any offences in future. Sd/- (K. V. ARAVIND) JUDGE MV List No.: 1 Sl No.: 65