- 1 - HC-KAR NC: 2026:KHC:3583 CRL.P No. 16369 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16369 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SMT BHAGYAMMA C/O K JAYARAMU, AGED ABOUT 43 YEARS R/AT DODDAAROHALLI VILLAGE, ARAKERE HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571415. 2. SMT. POOJA D.J, C/O SUHAS.M.R AGED ABOUT 27 YEARS, R/AT MADIGAHALLI VILLAGE AND POST, BANNUR HOBLI, T. NARSUPURA TALUK, MYSURU DISTRICT-571101. …PETITIONERS (BY SRI. HEMANTH KUMAR K.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ARAKERE POLICE STATION MANDYA REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001 …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3583 CRL.P No. 16369 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN THE EVENT OF THEIR ARREST INC R.NO.174/2025 REGISTERED BY THE RESPONDENT POLICE / ARAKERE POLICE MANDYA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 329(4), 324(4), 352, 118(1), 109, 74 READ WITH SECTION 3(5) OF BNS 2023 NOW PENDING ON THE FILE OF HONBLE PRL.CIVIL JUDGE (JR.DN) AND JUDICIAL MAGISTRATE FIRST CLASS COURT SRIRANGAPATNA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused Nos.2 and 3 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.174/2025 of Arakere Police Station registered for the offences punishable under Sections 329(4), 324(4), 352, 118(1), 109, 74 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent/state. - 3 - HC-KAR NC: 2026:KHC:3583 CRL.P No. 16369 of 2025 3. The learned counsel for petitioners would contend that there is no serious overt act alleged against the petitioners. The serious overt act alleged is against accused No.1, who assaulted the complainant/injured with an iron rod and also kicked his mother. The only allegation against the petitioners is that they threw chilli powder in the eyes of the complainant/injured. The petitioners are women, and petitioner No.2 has a baby aged four months. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader would contend that the alleged incident has taken place as the accused No.1 had damaged the water pipes. The petitioners threw chilli powder on the complainant/injured. At that time, accused No.1 assaulted him with iron rod. The injured sustained severe injuries and admitted in hospital. The act of petitioners throwing chilli powder may cause loss of sight of the injured. With this, he prayed to reject the petition. - 4 - HC-KAR NC: 2026:KHC:3583 CRL.P No. 16369 of 2025 5. Having heard the learned counsel, the Court has perused the complaint and other materials based on report. 6. On perusal of the averments of the complaint, the allegation against these petitioners at the time of quarrel between accused No.1 and the complainant/injured, the petitioners threw chilli powder on the complainant, and at that time, accused No.1 assaulted him on the head with iron rod. There is no allegation of assault by the petitioners. The petitioners are women. The petitioners have undertaken to cooperate with the police in investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioners. 7. Considering the above aspects, the petitioners have made out a case for grant of anticipatory bail with conditions. In the result, the following: - 5 - HC-KAR NC: 2026:KHC:3583 CRL.P No. 16369 of 2025 ORDER: i) The petition is allowed. ii) The petitioners are ordered to be released on bail in the event of their arrest in Crime No.174/2025 of Arakere Police Station registered for the offences punishable under Sections 329(40, 324(4), 352, 118(1), 109, 74 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 subject to following conditions. a) The petitioners shall voluntarily appear before the Investigating Officer within fifteen days from this day and execute bail bond for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of Investigating Officer. b) The petitioners shall co-operate with the Investigating Officer in investigation and appear before the Investigating Officer whenever called for. c) The petitioners shall not directly or indirectly make any inducement, threat or - 6 - HC-KAR NC: 2026:KHC:3583 CRL.P No. 16369 of 2025 promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. d) The petitioners shall appear before the Trial Court on all dates of hearing unless exempted in case of filing the charge sheet against them. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 14