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2026 DAILYLAW 28824 (KAR)

SMT. AMMU v. STATE OF ADUGODI POLICE

CRL.P/8026/2026 · 2026-07-16

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010383232026 NC: 2026:KHC:36776 CRL.P No. 8026 of 2026 C/W CRL.P No. 7031 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8026 OF 2026 C/W CRIMINAL PETITION NO. 7031 OF 2026 IN CRL.P No. 8026/2026: BETWEEN: SMT. AMMU W/O MANIVANNAN.P AGED ABOUT 49 YEARS R/A 3/386B, ANUMANTHA NAGAR NALLUR, NALLORE HOSUR KRISHNAGIRI TAMIL NADU - 635 103. …PETITIONER (BY SRI RADHIKA M, ADV.) AND: STATE OF ADUGODI POLICE BANGALORE 560 030 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL ARISING OUT OF CR.NO.88/2026 REGISTERED BY ADUGODI P.S., FOR THE OFFENCES P/U/S 103,109,140(1),190,352,55,351(2) OF BNS, 2023, PENDING BEFORE THE LEARNED XXXIX ACJM, BENGALURU CITY. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010383232026 NC: 2026:KHC:36776 CRL.P No. 8026 of 2026 C/W CRL.P No. 7031 of 2026 IN CRL.P NO. 7031/2026: BETWEEN: 1. SRI MANIVANNAN P S/O PUSHPARAJ AGED ABOUT 53 YEARS R/A NO. 3/386B ANUMANTHA NAGAR NALLUR NALLORE HIOSUR KRISHNAGIRI TAMIL NADU - 635 103. ...PETITIONER (BY SRI RADHIKA M, ADV.) AND: 1. STATE OF ADUGODI POLICE STATION BANGALORE 560 030 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. ...RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P ISFILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.88/2026 FOR THE OFFENCES P/U/S 103, 109, 140(1), 190, 352, 55, 351(2) WHICH IS PENDING BEFORE THE LD XXXIX ADDL.CJM BANGALORE CITY OF ADUGODI POLICE STATION BANGALORE. THESE PETITIONS, 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.5 and 6 in Crime No.88/2026 registered by Adugodi Police Station, Bengaluru, for the offences punishable - 3 - HC-KAR CNR: KAHC010383232026 NC: 2026:KHC:36776 CRL.P No. 8026 of 2026 C/W CRL.P No. 7031 of 2026 under Sections 103, 55, 140(1), 190, 351(2), 352, 3(5) and 3(8) of BNS, 2023, are before this Court in these two petitions filed under Section 483 of BNSS, 2023 and Section 482 of BNSS, 2023, seeking regular bail and anticipatory bail respectively. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.88/2026 was registered by Adugodi Police Station, Bengaluru, for the offences punishable under Sections 109, 140(1), 190, 352, 55 and351(2) of BNS, 2023, against Kiran and others based on the first information dated 25.03.2026 received from Smt. Mageshwari. During the course of investigation of the said case, accused No.5 was arrested on 26.03.2026 and remanded to judicial custody. His bail application filed before the Trial Court in Crl.Misc.No.3367/2026 was rejected on 23.04.2026. Therefore, he is before this Court in Crl.P.No.7031/2026. Apprehending arrest in the case, accused No.6 had filed Crl.Misc.No.3275/2026 before the jurisdictional Sessions Court, which was rejected on - 4 - HC-KAR CNR: KAHC010383232026 NC: 2026:KHC:36776 CRL.P No. 8026 of 2026 C/W CRL.P No. 7031 of 2026 05.06.2026. Therefore, she is before this Court in Crl.P.No.8026/2026. 4. The material on record would go to show that accused No.1 - Kiran is the son of accused Nos.5 and 6. It appears that accused No.1 was in love with CW3 Charulatha, who was staying in the house of her grandmother Smt. Mageshwari. On 25.03.2026, accused persons had gone to the house of Smt. Mageshwari and enquired about CW3 - Charulatha. First informant had told them that she was not aware of the whereabouts of CW3. Since Kiran heard some sound in bathroom, he tried to go towards the bathroom, but the first informant allegedly tried to stop him. Accused therefore, had assaulted first informant Smt. Mageswari and thereafter, took CW3 - Charulatha along with them in a car in which they had arrived near the house of Smt. Mageshwari. Immediately thereafter, injured Mageshwari was shifted to a Hospital and on the basis of her statement, FIR was registered against Kiran and others. During the course of investigation, some of the accused were arrested and after completing investigation, charge sheet is filed against six persons. - 5 - HC-KAR CNR: KAHC010383232026 NC: 2026:KHC:36776 CRL.P No. 8026 of 2026 C/W CRL.P No. 7031 of 2026 5. As per the charge sheet allegations, on the alleged date of incident, accused Nos.1 to 4 had gone to the house of Smt. Mageshwari, which accused Nos.5 and 6 were sitting inside the car in which accused persons had arrived near the house of Smt. Mageshwari. Allegation of assaulting Smt. Mageshwari inside her house is only as against accused Nos.1 to 4 and there is no such allegation as against the petitioners herein, who are arrayed as accused Nos.5 and 6 in the charge sheet. Accused No.5, who is the father of accused No.1, was arrested in the present case on 26.03.2026. Investigation of the case is now completed and charge sheet is filed. Accused No.6, is the wife of accused No.5 and mother of accused No.1. Considering the nature of allegations as against them in the charge sheet which is now filed, I am of the opinion that their prayer for grant of regular bail and anticipatory bail, needs to be answered affirmatively. Accordingly, the following order:- 6. The petitions are allowed. The petitioner/accused No.5 is directed to be enlarged on bail in Crime No.88/2026 registered by Adugodi Police Station, Bengaluru, for the offences - 6 - HC-KAR CNR: KAHC010383232026 NC: 2026:KHC:36776 CRL.P No. 8026 of 2026 C/W CRL.P No. 7031 of 2026 punishable under Sections 103, 55, 140(1), 190, 351(2), 352, 3(5) and 3(8) of BNS, 2023, subject to the following conditions: a) Petitioner/accused No.5 shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner/accused No.5 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner/accused No.5 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner/accused No.5 shall not involve in similar offences in future; e) The petitioner/accused No.5 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. 7. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner/accused No.6 in the event of her arrest in Crime No.88/2026 registered by - 7 - HC-KAR CNR: KAHC010383232026 NC: 2026:KHC:36776 CRL.P No. 8026 of 2026 C/W CRL.P No. 7031 of 2026 Adugodi Police Station, Bengaluru, for the offences punishable under Sections 103, 55, 140(1), 190, 351(2), 352, 3(5) and 3(8) of BNS, 2023,subject to the following conditions: 1. The Petitioner/accused No.6 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/accused No.6 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner/accused No.6 shall not tamper with the prosecution witnesses and she shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner/accused No.6 shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 89