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2026 DAILYLAW 21666 (KAR)

MAMATHA R H v. THE STATE OF KARNATAKA

CRL.P/4929/2026 · 2026-06-15

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28941 CRL.P No. 4929 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4929 OF 2026 BETWEEN: MAMATHA R.H D/O ALAPPA A.D AGED ABOUT 34 YEARS OCC EMPLOY IN SURVEY DEPARTMENT R/O RAILWAY STATION ROAD, NEAR ANJANEYA TEMPLE, CHITRADURGA PIN - 577 502. …PETITIONER (BY SRI NISHANTH S.K, ADV.) AND: THE STATE OF KARNATAKA THROUGH IMANGALA P.S REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HER ARREST IN CRIME NO.31/2026 (PENDING ON THE FILE OF THE LD ADDL.CIVIL JUDGE AND JMFC COURT AT HIRIYUR) REGISTERED BY IMANGALA POLICE STATION CHITRADURGA DISTRICT FOR THE OFFENCES P/U/S 108 OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28941 CRL.P No. 4929 of 2026 ORAL ORDER 1. Accused No.1 in Crime No. 31 of 2026 registered by Imangala Police Station, Chitradurga District for offence punishable under Section 108 of BNS 2023 is before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.31 of 2026 was registered by Imangala Police Station, Chitradurga District for the aforesaid offence against the petitioner herein and another, based on the first information dated 24.02.2026, received from Smt. Latha Dravid, who is the sister of deceased Harsha B.R.. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.239 of 2026 before the jurisdictional Sessions Court which was rejected on 18.03.2026. Therefore, she is before this Court. 4. In the first information, it is averred that, deceased was in love with the petitioner herein and he often used to meet her. Subsequently, deceased came to know that - 3 - HC-KAR NC: 2026:KHC:28941 CRL.P No. 4929 of 2026 petitioner was moving with accused no.2 and when the deceased questioned about the same with the petitioner, she allegedly answered him rudely and asked him to die. The deceased had committed suicide on the intervening night of 23.02.2026 and 24.02.2026 by hanging himself in the bathroom their house, allegedly leaving behind message that accused persons were the cause for his death. 5. Necessary ingredient so as to attract Section 108 of BNS, 2023 is conspicuously absent in the first information. Petitioner has no other criminal antecedents and she has undertaken to cooperate with the police for the purpose of investigation. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. 6. Accordingly, the following:- ORDER Criminal 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 - 4 - HC-KAR NC: 2026:KHC:28941 CRL.P No. 4929 of 2026 her arrest in Crime No. 31 of 2026 registered by Imangala Police Station, Chitradurga District for offence punishable under Section 108 of BNS 2023 subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional 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 witness and she shall co-operate with the Police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 85