Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 22154 (KAR)

SMT KENCHAMMA v. THE STATE OF KARNATAKA

CRL.P/5907/2026 · 2026-06-17

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:29742 CRL.P No. 5907 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5907 OF 2026 BETWEEN: 1. SMT. KENCHAMMA AGED ABOUT 53 YEARS W/O NAGARAJAPPA R/AT KASTURIBA NAGAR DODDABBIGERE POST SANTHEBENNUR HOBLI CHANNAGIRI TALUK DAVANAGERE DISTRICT - 577 213. 2. SMT. GANGAMMA AGED ABOUT 38 YEARS W/O MANJUNATHA R/AT MAHADEVANAKATTE ANNEHAL POST, CHITRADURGA TALUK AND DISTRICT - 577 501. 3. SMT. GOWRAMMA AGED ABOUT 28 YEARS W/O NAGARAJA R/AT KASTURIBA NAGAR DODDABBIGERE HOBLI CHANNAGIRI TALUK DAVANAGERE DISTRICT - 577 213. 4. SRI SHIVAKUMARA M AGED ABOUT 35 YEARS S/O MYLARAPPA R/AT KASTURIBA NAGAR DODDABBIGERE POST SANTHEBENNUR HOBLI CHANNAGIRI TALUK DAVANAGERE DISTRICT - 577 213. 5. SMT. BHAGYA K.C AGED ABOUT 42 YEARS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29742 CRL.P No. 5907 of 2026 W/O T. RAVIKUMARA R/AT KASTURIBA NAGAR DODDABBIGERE POST SANTHEBENNUR HOBLI CHANNAGIRI TALUK DAVANAGERE DISTRICT - 577 213. 6. SRI SANDEEP R AGED ABOUT 23 YEARS S/O RAVIKUMARA T R/AT KASTURIBA NAGAR DODDABBIGERE POST SANTHEBENNUR HOBLI CHANNAGIRI TALUK DAVANAGERE DISTRICT - 577 213. …PETITIONERS (BY SRI LOKESHA D.K, ADV.) AND: THE STATE OF KARNATAKA BY CHITRADURGA RURAL POLICE STATION CHITRADURGA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI RANGSWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.501/2025 REGISTERED BY THE CHITRADURGA RURAL POLICE STATION, CHITRADURGA, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 318(4), 340(2), 336(3), 336(2) AND 319(2) R/W SECTION 190 OF BHARATIYA NYAYA SANHITA, 2023., PENDING ON THE FILE OF THE LEARNED 1ST ADDL. CIVIL JUDGE, (JR.DN.) AND JMFC COURT, CHITRADURGA DISTRICT, CHITRADURGA, BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:29742 CRL.P No. 5907 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.6 to 8 and 11 to 13 in Crime No.501/2025 registered by Chitradurga Rural Police Station, Chitradurga, for the offences punishable under Sections 318(4), 340(2), 336(3), 336(2) 319(2) and 190 of BNS, 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 parties. 3. FIR in Crime No.501/2025 was registered by Chitradurga Rural Police Station, Chitradurga, for the aforesaid offences on 10.12.2025 based on the first information received from Anand Rao, S/o late Rangaiah, against Anand Rao and others. Apprehending arrest in the said case, petitioners herein had filed Crl.Misc.No.213/2026 which was rejected by jurisdictional Sessions Court on 12.03.2026. Therefore, they are before this Court. 4. Learned counsel for the petitioners during the course of arguments has produced a decree passed in OS No.243/2007 - 4 - HC-KAR NC: 2026:KHC:29742 CRL.P No. 5907 of 2026 by the jurisdictional Civil Court in which some of the accused are parties and has submitted that property bearing Sy.No.21/1P was the subject matter of the said suit which was filed for partition. After phodi, the said property is now re- numbered as Sy.No.21/6 of Dindadahalli Village, which is the subject matter of the alleged Sale Deed dated 17.05.2025. According to the first informant, the aforesaid property was purchased by him under registered Sale Deed dated 27.09.2008. 5. In the first information, which is submitted on 10.12.2025, there is no specific allegations as against the petitioners herein and material made available to the Court would go to show that petitioners claim right over the property, which is subject matter of the Sale Deed, under the decree granted in OS No.243/2007. Be that as it may, the alleged offences are triable by the Court of Magistrate and the maximum punishment for the said offences is imprisonment for a period of seven years. Amongst the petitioners herein, four of them are married ladies. It is not in dispute that petitioners do not have any criminal antecedents. They have undertaken to - 5 - HC-KAR NC: 2026:KHC:29742 CRL.P No. 5907 of 2026 co-operate with the police for the purpose of investigation. Under the circumstances, the following order:- 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.501/2025 registered by Chitradurga Rural Police Station, Chitradurga, for the offences punishable under Sections 318(4), 340(2), 336(3), 336(2) 319(2) and 190 of BNS, 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 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. - 6 - HC-KAR NC: 2026:KHC:29742 CRL.P No. 5907 of 2026 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 77