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2026 DAILYLAW 20688 (KAR)

ANITHA ASODE v. STATE BY KARNATAKA

CRL.P/4694/2026 · 2026-06-10

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27959 CRL.P No. 4694 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4694 OF 2026 (438(Cr.PC) / 482(BNSS) BETWEEN: 1. ANITHA ASODE D/O LATE PARASHURAM ASODE AGED ABOUT 27 YEARS, RESIDING AT NO.40, 8TH MAIN, 2ND CROSS, SHIVANAHALLI, RAJAJINAGAR, BENGALURU -560 010. NATIVE ADDRESS MORAB TA/RAIBAG MORAB, BELGUM, KARNATAKA- 591317. 2. VIMALA PARASU ASODE W/O LATE PARASU ASODE AGED ABOUT 57 YEARS R/AT MORAB TA/RAIBAG MORAB, BELGUM, KARNATAKA- 591 317. 3. SAHADEVA S/O PARASHURAM ASODE AGED ABOUT 25 YEARS R/AT MORAB TA/RAIBAG VTC MORAB, SUB DISTRICT RAYBAG, BELGUM DISTRICT KARNATAKA- 591 317. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27959 CRL.P No. 4694 of 2026 4. KEMPANNA KAMBLE S/O NAMADEV AGED ABOUT 56 YEARS R/AT NIPANAL, BELGAUM, NIPNAL, KARNATAKA -591 222. …PETITIONERS (BY SRI. KODANDARAME GOWDA.V, ADVOCATE) AND: STATE BY KARNATAKA BY CITY RAILWAY POLICE STATION, BENGALURU REP BY PUBLIC PROSECUTOR RAMANGARA COURT COMPLEX, RAMANAGARA. …RESPONDENT (BY SRI. RANGASWAMY.R, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THE APPLICATION UNDER SEC.482 OF BNSS 2023 AND DIRECTED TO INVESTIGATION OFFICER TO RELEASE THE PETITIONERS IN THE EVENT OF THEIR ARREST IN CR.NO.77/2025 OF CITY RAILWAY P.S. BENGALURU FOR THE OFFENCE P/U/S 108,140(3) AND 351(1) R/W 3(5) OF BNS 2023 PENDING ON THE FILE OF THE LEARNED PRL.SENIOR CIVIL JUDGE AND C.J.M AT RAMANAGARA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:27959 CRL.P No. 4694 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 to 3 and 6 in Crime No.77/2025 registered by the City Railway Police Station, Bengaluru, for the offences punishable under Sections 108, 140(3), 351(1) r/w. Section 3(5) of the Bharathiya Nyaya Sanhita, 2023, are before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the petitioners and the learned HCGP appearing on behalf of the respondent - State. 3. FIR in Crime No.77/2025 was registered by Bengaluru City Railway Police, Bengaluru, for the aforesaid offences against Anitha Asode and others based on the first information dated 17.10.2025 from Sri. Basavaraja Bhimappa Halagani, brother of deceased Siddagond Halagani apprehending arrest in the said case. The petitioners herein who are arrayed as accused Nos.1 to 3 and 6 in the FIR in Crime No.77/2025 had filed Crl.Mis.No.62/2026 before the jurisdictional Sessions - 4 - HC-KAR NC: 2026:KHC:27959 CRL.P No. 4694 of 2026 Court, which was rejected on 12.03.2026. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that accused No.1 herein, who is said to be a practicing Advocate has filed a complaint against the deceased Siddagond Halagani in Crime No.312/2025 registered by Basaveshwaranagar Police Station, Bengaluru, for the offences punishable under Sections 74, 61(2)(m), 69, 115(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r)(s), 3(1)(w)(i)(ii), 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and in the said case, the deceased was arrested. Since his bail application was rejected by the jurisdictional Sessions Court, he had thereafter approached this Court in Crl.A.No.1937/2025 and in the said case, on 10.10.2025 he had filed an affidavit before this Court to grant interim bail to him to enable him to marry the victim in Crime No.312/2025. He had undertaken before this Court in his affidavit that he would marry the victim within a period of one week from the date of his release from judicial custody. Under - 5 - HC-KAR NC: 2026:KHC:27959 CRL.P No. 4694 of 2026 these circumstances, he was granted interim bail by this Court on 10.10.2025 in Crl.A.No.1937/2025 for a period of ten days. 5. The allegations now made against the accused persons is that, after Siddagond Halagani was released from jail in Crime No.312/2025 pursuant to the order dated 10.10.2025 passed by this Court in Crl.A.No.1937/2025, the accused persons threatened him and forcibly performed his marriage with accused No.1 herein on 13.10.2025. Siddagond Halagani subsequently committed suicide on16.10.2025. The allegations against the accused are that they had compelled Siddagond Halagani to marry accused No.1 herein and also threatened him and therefore, he had committed suicide. 6. The said allegations becomes difficult to be believed having regard to the affidavit filed by the deceased appellant in Crl.A.No.1937/2025, wherein he had sought for interim bail for the purpose of enabling him to marry accused No.1 herein, who is the alleged victim in the said case. The petitioners have undertaken to co-operate with the police for the purpose of investigation. The alleged offences are neither punishable with death nor with life imprisonment. Under the circumstances, I - 6 - HC-KAR NC: 2026:KHC:27959 CRL.P No. 4694 of 2026 am of the opinion that their prayer for grant of anticipatory bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following:- 7. The petition is allowed. The respondent - Police are directed to release the petitioners in the event of their arrest in Crime No.77/2025 registered by the City Railway Police Station, Bengaluru, for the offences punishable under Sections 108, 140(3), 351(1) r/w. Section 3(5) of the Bharathiya Nyaya Sanhita, 2023, subject to the following conditions: 1. 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 for a sum of Rs.1,00,000/- each with two sureties each for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. 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. - 7 - HC-KAR NC: 2026:KHC:27959 CRL.P No. 4694 of 2026 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE BMC: List No.: 1 Sl No.: 54