- 1 - HC-KAR NC: 2026:KHC:34131 CRL.P No. 9105 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9105 OF 2026 BETWEEN: SMT. K. SHRUTHI W/O LATE KUMARA @ G.S. SHIVAKUMARA AGED 31 YEARS RESIDING AT CHIKKATOGALERI VILLAGE, DAVANAGERE TALUK AND DISTRICT - 577 514. …PETITIONER (BY SRI M.S. NAGARAJA, ADV.) AND: STATE OF AKRNATAKA BY INSPECTOR OF POLICE MAYAKONDA POLICE STATION DAVANAGERE DISTRICT - 577 534 RPT. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON ANTICIAPTORY BAIL IN THE EVENT OF HER ARREST IN CRIME NO.71/2026 BY MAYAKONDA POLICE FOR THE ALLEGING OFFENCE P/US/ 305 OF BNS 2023 PENDING ON THE FILE OF THE I ADDL CIVIL JUDGE AND JMFC DAVANAGERE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34131 CRL.P No. 9105 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.71/2026 registered by Mayakonda Police Station, Davanagere District, for the offence punishable under Section 305 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.71/2026 was registered by Mayakonda Police Station, Davanagere District, for the aforesaid offence against the petitioner herein based on the first information dated 01.06.2026 received from Pallavi.M., W/o Kariyappa. Apprehending arrest in the case, petitioner had filed Crl. Misc. No.484/2026 which was rejected on 18.06.2026. Therefore, she is before this Court. 4. Perusal of the first information submitted in the present case would go to show that the petitioner and the first informant are acquainted to each other and are staying in different houses. In the first information, it is alleged that on - 3 - HC-KAR NC: 2026:KHC:34131 CRL.P No. 9105 of 2026 21.04.2026, the first informant had gone to take bath and she had summoned the petitioner herein to rub her back. On the next day, when the first informant had gone to the house of the petitioner, she allegedly had given her some buttermilk and after consuming the same, the first informant came to her house and slept. On 23.04.2026, the first informant found that her mother-in-laws managalasutra was missing and on verification, it was found that some other gold jewelleries were also missing from the house. 5. First information was filed belatedly on 01.06.2026 suspecting petitioner's hand in the theft of gold jewellery from the house of the first informant. First informant is a married lady aged about 31 years having no other criminal antecedents. A reading of the first information would make it clear that, it is only on suspicion, petitioner is arrayed as accused in the present case. She has undertaken to co-operate with the police for the purpose of investigation. Considering the nature of allegation as against the accused and also the background of the case, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively, - 4 - HC-KAR NC: 2026:KHC:34131 CRL.P No. 9105 of 2026 subject to appropriate conditions. Accordingly, 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 petitioner in the event of her arrest in Crime No.71/2026 registered by Mayakonda Police Station, Davanagere District, for the offence punishable under Section 305 of BNS, 2023, subject to the following conditions: a) Petitioner shall appear before the Investigation Officer at 10.30 a.m. on 20.07.2026, and on the said date, the Investigation Officer shall be at liberty to take her into custody if necessary for the purpose of interrogation. However, it is made clear that after interrogation, Investigation Officer shall release the petitioner on the same day on or before 06.00 p.m. subject to petitioner 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; b) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons; - 5 - HC-KAR NC: 2026:KHC:34131 CRL.P No. 9105 of 2026 c) 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; d) Petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK