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2026 DAILYLAW 28024 (KAR)

SMT MAMATHA v. STATE BY

CRL.P/9873/2026 · 2026-07-13

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:35680 CRL.P No. 9873 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9873 OF 2026 BETWEEN: 1. SMT. MAMATHA W/O MAHADEVA AGED ABOUT 41 YEARS R/AT KURUDHALLI VILLAGE KOTHAGERE HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT - 572 120. …PETITIONER (BY SRI MANJUNATH S, ADV.) AND: 1. STATE BY KUNIGAL POLICE STATION TUMAKURU DISTRICT - 572 130 REPRESENTED BY SPP HON'BLE HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE HER ON ANTICIPATORY BAIL IN THE EVENT OF HER ARREST IN CR.NO.226/2026 REGISTERED BY KUNIGAL P.S., TUMKUR, FOR THE OFFENCES P/U/S 108 R/W 3(5) OF BNS, 2023, U/S 3 AND 38 OF KARNATAKA MONEY LENDERS ACT, 1961, U/S 3 AND 4 OF KARNATAKA PROHIBITION OF CHARGING EXORBITANT INTEREST ACT, 2004, PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC, KUNIGAL, TUMKUR. 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:35680 CRL.P No. 9873 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.1 in Crime No.226 of 2026 registered by Kunigal Police Station, Tumakuru District for offences punishable under Section 108 R/w 3(5) BNS 2023, Sections 3 & 38 of Karnataka Money Lenders Act, 1961, Sections 3 & 4 of Karnataka prohibition of Charging Exorbitant Interest Act, 2004 is before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the petitioner and learned HCGP on behalf of the respondent - State. 3. FIR in Crime No.226 of 2026 was registered by Kunigal Police Station, Tumakuru District for the aforesaid offences against Smt. Mamata and another, based on the first information dated 20.06.2026 received from Sri Sivanna, brother of deceased Chikanna. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.941 of 2026 before the jurisdictional Sessions court, which was rejected on 01.07.2026. Therefore, she is before this Court. - 3 - HC-KAR NC: 2026:KHC:35680 CRL.P No. 9873 of 2026 4. Perusal of the first information would go to show that, allegation in the first information is that accused nos.1 and 2 had allegedly given money to the deceased and they were claiming high interest for the same. The deceased had committed suicide by hanging himself unable to withstand the torture meted out on him by the accused persons, who were demanding repayment of the money borrowed by him, with interest. 5. The petitioner is a married lady, who is aged about 41 years. It is not in dispute that she has no other criminal antecedents. She has undertaken to cooperate with the police for the purpose of investigation. Accused no.2 has been granted anticipatory bail by this Court in Crl.P.No.9792 of 2026 disposed of on 10.07.2026. 6. Considering the nature of allegations found in the first information and also taking into consideration that the petitioner is a married lady, aged 46 years and has no criminal antecedents, I am of the opinion that prayer made by the - 4 - HC-KAR NC: 2026:KHC:35680 CRL.P No. 9873 of 2026 petitioner for grant of anticipatory bail needs to be answered affirmatively. 7. Accordingly, the following: ORDER 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 her arrest in Crime No.226 of 2026 registered by Kunigal Police Station, Tumakuru District for offences punishable under Section 108 R/w 3(5) BNS 2023, Sections 3 & 38 of Karnataka Money Lenders Act, 1961, Sections 3 & 4 of Karnataka prohibition of Charging Exorbitant Interest Act, 2004 subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer/jurisdictional Court. - 5 - HC-KAR NC: 2026:KHC:35680 CRL.P No. 9873 of 2026 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The 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. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 18