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2026 DAILYLAW 51781 (KAR)

MRS HAMSA V v. STATE OF KARNATAKA

CRL.P/17053/2025 · 2026-02-03

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6045 CRL.P No. 17053 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17053 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: MRS. HAMSA V W/O MR. SUDHEER K.P AGED ABOUT 39 YEARS RESIDING AT KARBAILU BOMLAPURA VILLAGE, KOPPA TALUK CHIKKAMAGALURU-577 126 …PETITIONER (BY SRI. VISHNU P.V, ADVOCATE) AND: STATE OF KARNATAKA BY HARIHARAPURA POLICE REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA OPPOSITE VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001 …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THE INSTANT PETITION AND ENLARGE HER ON BAIL IN THE EVENT OF HERE INCARCERATION BY THE RESPONDENT POLICE IN RESPECT OF THE FIR REGISTERED BY ITS CR.NO.50/2025, PENDING ON THE FILE OF THE HON’BLE COURT OF CIVIL JUDGE AND JMFC, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6045 CRL.P No. 17053 of 2025 KOPPA, CHIKKAMAGALURU DISTRICT, FOR THE OFFENCE PUNISHABLE UNDER SECTION 108 OF BNS, 2023. 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 the sole accused under Section 482 of BNSS praying to grant anticipatory bail in Crime No.50/2025 of Hariharapura Police Station, registered for the offence punishable under Section 108 of BNS. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent/State. 3. Learned counsel for the petitioner would contend that the allegation against the petitioner in the complaint is that she was insisting the deceased to transfer the property in the name of her husband and quarreling with her in that regard. There was no any intention on the part of petitioner to drive the deceased to commit suicide. The - 3 - HC-KAR NC: 2026:KHC:6045 CRL.P No. 17053 of 2025 other allegation against the petitioner is that she was abusing the deceased that her daughter failed in SSLC exam and deceased was responsible for that. The alleged act does not amount to abatement to commit suicide. The petitioner is a lady and she is ready to co-operate with the IO in investigation. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Learned HCGP would contend that the deceased was aged 70 years and she was the mother-in-law of this petitioner. The petitioner used to harass the deceased to transfer the property in the name of her husband and she was abusing and not taking care of her. The petitioner has abated the deceased to commit suicide. The matter is under investigation and the petitioner is required for custodial interrogation. With this, he prayed to reject the petition. - 4 - HC-KAR NC: 2026:KHC:6045 CRL.P No. 17053 of 2025 5. Having heard the learned counsels, the Court has perused the FIR, complaint and other materials placed on record. 6. As per averments of the complaint, the deceased was mother-in-law of this petitioner. The allegation against the petitioner is that she was insisting the deceased to transfer the property in the name of her husband and abusing her that she is responsible for her daughter's failure in SSLC exam. Whether the said acts of the petitioner amounts to abatement to commit suicide is a matter of investigation and trial. The petitioner is a woman and she has undertaken to co-operate with the investigation. There are no criminal antecedents of the petitioner. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. 7. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. In the result, the following: - 5 - HC-KAR NC: 2026:KHC:6045 CRL.P No. 17053 of 2025 ORDER Petition is allowed. Petitioner is ordered to be released on bail, in the event of her arrest, in Crime No.50/2025 of Hariharapura Police Station, subject to the following conditions: (i) Petitioner shall voluntarily appear before the Investigating Officer within 15 days from this day and execute bail bond for a sum of Rs.1,00,000/- with surety for the like-sum to the satisfaction of the Investigating Officer. (ii) Petitioner shall appear before the IO whenever called for and co-operate for investigation. (iii) Petitioner shall not directly or indirectly make any inducement, threat or 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. - 6 - HC-KAR NC: 2026:KHC:6045 CRL.P No. 17053 of 2025 (iv) Petitioner shall appear before the Investigating Officer on 1st and 3rd Sunday of every month for a period of two months or till filing of final report whichever is earlier. (v) The petitioner shall appear before the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 10