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2026 DAILYLAW 28016 (KAR)

SMT. KUSUMA v. STATE OF KARNATAKA

CRL.P/9322/2026 · 2026-07-14

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:35917 CRL.P No. 9322 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9322 OF 2026 BETWEEN: SMT. KUSUMA W/O MANJEGOWDA AGED ABOUT 48 YEARS R/O MUSUVALLI VILLAGE HALASULIGE POST SAKLESHPURA TALUQ, HASSAN DISTRICT. …PETITIONER (BY SRI UTSAV GOWDA P.S, ADV.) AND: STATE OF KARNATAKA BY ALDUR P.S, REP BY SPP HIGH COURT OF KARNATAKA AT BENGALURU - 01. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.155/2025 FOR THE OFFENCES P/U/S 351(2) 352, 85, 49, 103 R/W 3(5) OF BNS AND SECTION 4 OF DP ACT BEFORE RESPONDENT ADDUR POLICE STATION PENDING ON THE FILE OF HTE LD PRL.CIVIL JUDGE AND JMFC CHIKKAMAGALURU IN CRIME NO.155/2025. 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:35917 CRL.P No. 9322 of 2026 ORAL ORDER 1. Accused no.3 in Crime No.155/2025 registered by Aldur Police Station, Chikkamagaluru District, for the offences punishable under Sections 352, 351(2), 85, 49, 103 read with 3(5) of BNS, 2023 and Section 4 of Dowry Prohibition Act, 1961, 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.155/2025 was registered by Aldur Police Station, Chikkamagaluru District, for the aforesaid offences against Naveena and his parents based on the first information dated 12.10.2025 received from Shubha - mother of deceased Nethravathi. Apprehending arrest in the said case, petitioner had filed Crl. Misc. No.160/2026 before the jurisdictional Sessions Court, which was rejected on 09.04.2026. Therefore, he is before this Court. 4. Perusal of the first information would go to show that the alleged incident that had taken place on 12.10.2025 at about 18.45 hours. The allegation of assaulting deceased Nethravathi - 3 - HC-KAR NC: 2026:KHC:35917 CRL.P No. 9322 of 2026 is only as against accused no.1 - Naveena who is the son of the petitioner and husband of deceased Nethravathi. The allegation so far as accused nos.2 & 3 in the first information is of instigating accused no.1 to commit the murder of Nethravathi. During the course of investigation, accused nos.1 & 2 were arrested on 14.10.2025. Accused no.2 is said to have been granted regular bail by the jurisdictional Sessions Court. So far as the petitioner is concerned who is the mother of accused no.1 and wife of accused no.2, the only allegation as against her is that she had instigated accused no.1 to commit the crime. Petitioner is a married lady aged 48 years. Considering the nature of allegation found as against her in the first information as well as in the charge sheet which is now filed, I am of the opinion that her prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 5. 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.155/2025 registered by Aldur Police Station, Chikkamagaluru District, for - 4 - HC-KAR NC: 2026:KHC:35917 CRL.P No. 9322 of 2026 the offences punishable under Sections 352, 351(2), 85, 49, 103 read with 3(5) of BNS, 2023 and Section 4 of Dowry Prohibition Act, 1961, 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. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK