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2026 DAILYLAW 24297 (KAR)

SMT. MANGALAMMA v. STATE OF KARNATAKA BY

CRL.P/7604/2026 · 2026-06-25

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31903 CRL.P No. 7604 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7604 OF 2026 BETWEEN: 1. SMT. MANGALAMMA W/O. CHELUVARAJU AGED ABOUT 56 YEARS RESIDING AT MUKTI COLONY BARAGI, GUNDLUPETE TALUK CHAMARAJANAGARA - 571 111. 2. CHELUVARAJU S/O BASAVEGOWDA AGED ABOUT 65 YEARS RESIDING AT MUKTI COLONY BARAGI, GUNDLUPETE TALUK CHAMARAJANAGARA - 571 111. …PETITIONERS (BY SRI ANIL KUMAR A.S, ADV., FOR SRI PARAMESWARAPPA C, ADV.) AND: STATE OF KARNATAKA BY GUNDLUPET POLICE STATION CHAMARAJNAGAR - 571 111 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND THEREBY PLEASED TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE TO RELEASE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN CONNECTION WITH THE CRIME NO.129/2026 OF THE GUNDLUPET POLICE STATION PENDING ON THE FILE OF THE LEARNED CIVIL JUDGE AND JMFC COURT AT GUNDLUPETE FOR THE OFFENCES Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31903 CRL.P No. 7604 of 2026 PUNISHABLE UNDER SECTION 74, 329(3), 115(2), 118(2), 351(2), 326(g), 54 READ WITH SECTION 3(5) OF THE BHARATIYA NYAYA SANHITA (BNS), 2023. 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 & 2 in Crime No.129/2026 registered Gundlupete Police Station, Chamarajanagar District, for the offences punishable under Sections 74, 329(3), 118(2), 115(2), 351(2), 326(g), 54 read with 3(5) 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.129/2026 was registered Gundlupete Police Station, Chamarajanagar District, for the aforesaid offences against the petitioners herein based on the first information dated 30.04.2026 received from Mallamma W/o Bheemaiah. Apprehending arrest in the said case, petitioners who are husband and wife had filed Crl. Misc. No.192/2026 before the jurisdictional Sessions Court, which was rejected on 16.05.2026. Therefore, they are before this Court. - 3 - HC-KAR NC: 2026:KHC:31903 CRL.P No. 7604 of 2026 4. Perusal of the records made available to this Court would reveal that petitioner no.2 is the absolute owner of property bearing Sy. No.200/2 measuring 2 acres situated at Baragi village, Gundlupete Taluk. On the allegation that at the instance of Mahesha, Kullaiah and Karaiaha, who are the local leaders of Raitha Sangha, some persons had illegally put up a shed in the aforesaid property, petitioner no.2 - Cheluvaraju had approached the police and submitted a complaint on 23.04.2026 and 29.04.2026. It appears that after the said complaint was filed, the aforesaid three persons were summoned to the police station for the purpose of inquiry. The allegation now made against the accused is that on 30.04.2026, they had come near the shed that was unauthorizedly put up in the aforesaid property and had poured petrol on the same and lit fire. 5. Undisputedly nobody has been injured in the said incident. The spot mahazar does not reflect that any valuables of the alleged victims were destroyed in the alleged incident. Petitioners, who are husband and wife, are aged 65 years and 56 years respectively. They are agriculturists by avocation and - 4 - HC-KAR NC: 2026:KHC:31903 CRL.P No. 7604 of 2026 do not have criminal antecedents. Considering the background of the dispute in the present case, I am of the opinion that petitioners' prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 6. The 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 their arrest in Crime No.129/2026 registered Gundlupete Police Station, Chamarajanagar District, for the offences punishable under Sections 74, 329(3), 118(2), 115(2), 351(2), 326(g), 54 read with 3(5) of BNS, 2023, subject to the following conditions: 1. The Petitioner 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/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and she shall co-operate with - 5 - HC-KAR NC: 2026:KHC:31903 CRL.P No. 7604 of 2026 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 KK List No.: 1 Sl No.: 75