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2026 DAILYLAW 27993 (KAR)

SMT. RATHNASHIVARANJAMMA v. STATE OF KARNATAKA

CRL.P/7440/2026 · 2026-07-10

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34981 CRL.P No. 7440 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7440 OF 2026 BETWEEN: 1. SMT. RATHNASHIVARANJAMMA C/O MALLIKARJUNA AGED ABOUT 48 YEARS, R/AT WARD NO. 37, ASHWINI BADAVANE, GURURAJA BADAVANE KAVERI MAIN ROAD, MYSORE - 570 029. 2. PUTTAHAMUMAMMA W/O PUTTAMADAIAH AGED ABOUT 62 YEARS, 3. PUTTAMADAYYA S/O MADAYYA AGED ABOUT 72 YEARS, 4. MAHESH P.M S/O PUTTAMADAYYA AGED ABOUT 43 YEARS, 5. VIJAYAKUMAR B J S/O BOPIAH AGED ABOUT 32 YEARS, RESIDING AT BACHAHALLI VILLAGE, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34981 CRL.P No. 7440 of 2026 GUNDLUPETE TALUK, CHAMARAJANAGARA - 571 111. …PETITIONERS (BY SRI. PARAMESWARAPPA C, ADVOCATE) AND: STATE OF KARNATAKA BY GUNDLUPET POLICE STATION, CHAMARAJANAGAR - 571 111 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) OF CR.P.C 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.336/2025 OF THE GUNDLUPET POLICE STATION PENDING ON THE FILE OF THE LEARNED CIVIL JUDGE AND JMFC COURT AT GUNDLUPETE FOR THE OFFENCE P/SU/ 115(2), 109, 352, 351(2), 351(3) R/W SEC.3(5) 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 - 3 - HC-KAR NC: 2026:KHC:34981 CRL.P No. 7440 of 2026 ORAL ORDER Accused Nos.1 to 5 in crime No.336/2025 registered by Gundlupete police station, Chamarajanagar, for the offences punishable under Sections 115(2), 109, 352, 351(2), 351(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita (for short, 'BNS') 2023, are before this Court in this petition filed under Section 482 of Bharatiya Nagarak Suraksha Sanhita, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.336/2025 was registered by Gundlupete police station, Chamarajanagar, for the aforesaid offences against the petitioners herein based on the first information dated 07.12.2025 submitted by the alleged victim aged 19 years, who is the daughter of accused No.1 and granddaughter of accused Nos.2 and 3. The petitioners, apprehending their arrest in the said case, had filed Crl.Mis.No.537/2025 before the jurisdictional Sessions Court, Chamarajanagara, which was rejected on 03.01.2026. Therefore, they are before this Court. - 4 - HC-KAR NC: 2026:KHC:34981 CRL.P No. 7440 of 2026 4. The allegations in the first information submitted by the victim girl on 07.12.2025 is that after her mother, grandparents and uncles came to know that she was pregnant, they allegedly tried to make her consume poison and also assaulted her stomach with the intention to kill the child growing in her womb. 5. Learned counsel for the petitioner submits that the victim girl was in love with a boy and had left the parental home. After she returned, the incident in question took place. The victim has exaggerated the incident for extraneous reasons. 6. The petitioners are the family members of the victim. Petitioner No.1 is the mother, petitioner Nos.2 and 3 are the grandparents and petitioner Nos.4 and 5 are the uncles of the victim. They do not have any other criminal antecedents. They have undertaken to cooperate with the police for the purpose of investigation. Considering the nature of allegations as against the petitioners in the first information and also taking into consideration the backgrounds in which the incident had taken - 5 - HC-KAR NC: 2026:KHC:34981 CRL.P No. 7440 of 2026 place, I am of the view that their prayer for grant of anticipatory bail is to be answered in the affirmative. 7. Accordingly, passes the following:- ORDER (i) The petition is allowed. (ii) 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.336/2025 registered by the Gundlupete Police Station, Chamarajanagar, for the offences punishable under Sections 115(2), 109, 352, 351(2), 351(3) read with Section 3(5) of BNS, 2023, subject to the following conditions: a) The Petitioners shall appear before the jurisdictional court within 15 days from the date of receipt of the copy of this order and shall execute a personal bond before the concerned Court, for a sum of Rs.1,00,000/- with two sureties each for the likesum to the satisfaction of the court. b) Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 6 - HC-KAR NC: 2026:KHC:34981 CRL.P No. 7440 of 2026 c) 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. d) The petitioners shall not involve in similar offences in future. e) In the event that any one of the conditions is violated by the petitioners, this order shall be automatically cancelled. Sd/- (S VISHWAJITH SHETTY) JUDGE HDK List No.: 1 Sl No.: 48