- 1 - HC-KAR NC: 2026:KHC:28201 CRL.P No. 5163 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No. 5163 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SMT. D.N. ANITHA @ D.N. ANITHA SWAMY, W/O. D.V. NANJUNDA SWAMY, AGED ABOUT 58 YEARS, 2. D.V. NANJUNDA SWAMY, S/O. VISHWANATH. D.R., AGED ABOUT 62 YEARS, BOTH ARE R/AT: No.27/1, G-1, VALLABHA VILAS, 4TH CROSS, 3RD MAIN ROAD, S.G. PALYA, TAVAREKERE MAIN ROAD, OPP AYYAPPA TEMPLE, VENKATESHWARA LAYOUT, DHARMARAM COLLEGE, BENGALURU-560029. …PETITIONERS (BY SMT. REKHA M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE STATION HOUSE OFFICER, MAGADI POLICE STATION, MAGADI SUB-DIVISION, BENGALURU SOUTH DISTRICT., Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28201 CRL.P No. 5163 of 2026 REPRESENTED BY S.P.P, HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI LAXMAN B. HCGP) THIS CRL.P. IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS AND DIRECT THE RESPONDENT POLICE I.E. MAGADI POLICE TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.No.ZERO-1/2026 FOR THE ALLEGED OFFENCE P/U/S 318(4),115(2),351(2),352,3(5) OF BNS 2023 PENDING ON THE FILE OF THE CIVIL JUDGE (JR.DN) AND J.M.F.C COURT MAGADI. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 and 2 in Crime No.Zero-1/2026 registered by the Suddaguntepalya Police Station, Bengaluru, for the offences punishable under Sections 115(2), 318(4), 352, 351(2) r/w 3(5) of BNS, 2023, is before this Court in this Criminal Petition filed under Section 482 of BNSS seeking anticipatory bail. 2. Heard the learned counsel for the parties. - 3 - HC-KAR NC: 2026:KHC:28201 CRL.P No. 5163 of 2026 3. FIR in Crime No.Zero-1/2026 was registered by the Suddaguntepalya Police Station, Bengaluru, for the aforesaid offences against the petitioner herein and others based on the first information dated 22.01.2026 received from Smt. Prapula B.S., who is the mother of petitioner No.1 and mother-in-law of petitioner No.2. Apprehending arrest in the present case, petitioners herein had filed Crl.Misc.No.118/2026 before the jurisdictional Sessions Court, which was dismissed as against them by order dated 10.03.2026. Therefore, the petitioners are before this Court. 4. A perusal of the first information submitted by the mother of petitioner No.1 and mother-in-law of petitioner No.2 would go to show that after the first informant's husband had died on 10.03.2018, she had taken shelter in the house of the petitioners herein. According to the first informant, she had brought her gold and diamond jewellery along with her when she came to the house of the petitioners. In the first information it is alleged that though the petitioners and their family members initially looked after the first informant properly, subsequently they started neglecting her. It is - 4 - HC-KAR NC: 2026:KHC:28201 CRL.P No. 5163 of 2026 further alleged that on 12.10.2025, petitioners herein have taken the gold, silver and diamond jewellery of the first informant and threw her out of her house and thereafter she had taken shelter in her son's house. First information has been belatedly filed on 22.01.2026. 5. Learned counsel for the petitioners submitted that there is a civil dispute pending between the parties in O.S. No.518/2020 before the jurisdictional civil Court. Even otherwise, the first informant was in the house of the petitioners herein for a period of seven years and only after she has taken shelter in her son's house, the present complaint is filed. The petitioners have undertaken to co-operate with the police for the purpose of investigation. It is submitted that the petitioners have no other criminal antecedents. Under these circumstances, I am of the view that their prayer for grant of anticipatory bail is to be answered in the affirmative. 6. The petition is allowed. The respondent – Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.Zero- 1/2026 registered by the Suddaguntepalya Police Station, - 5 - HC-KAR NC: 2026:KHC:28201 CRL.P No. 5163 of 2026 Bengaluru, for the offences punishable under Sections 115(2), 318(4), 352, 351(2) r/w 3(5) of BNS, 2023, subject to the following conditions: a) The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond before the concerned Court, for a sum of Rs.1,00,000/- with two sureties each for 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 witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. d) The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE VBS List No.: 1 Sl No.: 58