Smt. Putti Aliyas Parvathi Vs State by Karnataka

NO.22/2025 (REGISTERED BY THE RESPONDENT KUDERU POLICE) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 108, 3(5) OF BHARATIYA NYAYA SANHITA-2023, PENDING ON THE FILE OF HONBLE CIVIL JUDGE AND JMFC COURT, YALANDUR, CHAMARAJANAGARA DISTRICT.

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IN CRL.P NO.5258/2025:

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BETWEEN:

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MR. MAHADEVASWAMY S/O SIDDALINGAIAH AGED ABOUT 44 YEARS R/AT JANNURU VILLAGE CHAMARAJANAGAR TALUK AND DIST - 571 313.

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...PETITIONER

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(BY SRI KUMARA K.G, ADV.)

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AND:

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STATE BY KARNATAKA KUDERU POLCIE STATION CHAMARAJANAGARA - 571 313 (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BULILDING, BANGALORE - 560 001)

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RESPONDENT

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(BY SMT. PUSHAPALATHA B, ADDL. SPP)

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE ON BAIL IN CR.NO.22/2025 (REGISTERED BY THE RESPONDENT KUDERU POLICE) FOR THE OFFENCE P/U/S 108,3(5) OF BNS 2023 PENDING ON THE FILE OF HONBLE CIVIL JUDGE AND J.M.F.C COURT YALANDUR, CHAMARAJANAGAR DISTRICT.

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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3 - NC: 2025:KHC:17162 CRL.P No. 5222/2025 C/W CRL. P No. 5258/2025

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused Nos.1 to 3 in Crime No.22/2025 registered by Kuderu Police Station, Chamarajanagara District, for the offences punishable under Sections 108 R/w 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, are before this Court in these two petitions filed under Sections 482 and 483 of BNSS, 2023 seeking anticipatory and regular bail.

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2. Heard the learned counsel for the parties.

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FIR Crime No.22/2025 was registered by

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Kuderu Police Station, Chamarajanagara District, against Mahadevaswamy and four others for the aforesaid offences based on the first information dated 07.03.2025 received from one Sri.Ramkumar S/o.Nagaraju. During the course of investigation, accused No.1 was arrested on 07.03.2025 and subsequently remanded to judicial custody. The bail application filed by accused No.1 before the jurisdictional Sessions Court in Crl.Misc.No.90/2025

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4 - NC: 2025:KHC:17162 CRL.P No. 5222/2025 C/W CRL. P No. 5258/2025

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was rejected on 24.03.2025. Therefore, he is before this Court in Crl.P.No.5258/2025 seeking regular bail.

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Apprehending arrest in the said case, accused Nos.2 & 3 had filed Crl.Misc.91/2025 before the jurisdiction Sessions Court which was rejected on 24.03.2025. Therefore, they are before this Court in Crl.P.No.5222/2025 seeking anticipatory bail.

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Perusal of the material on record would go to show that, in the first information submitted by the son of deceased, it is stated that, accused No.1 and father of the first informant Nagaraju were working in the alemane of accused No.5 Naveen and on 23.08.2024 when accused No.1 and Nagaraju had fought against each other, accidentally acid which was kept nearby, got spilled on the face of Nagaraju and as a result he suffered grievous injury on his face and was admitted in the hospital. The said dispute was amicably settled between the parties at the intervention of police and the owner of alemane. Accused No.5-Naveen, who is the owner of alemane and

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5 - NC: 2025:KHC:17162 CRL.P No. 5222/2025 C/W CRL. P No. 5258/2025

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accused No.1 allegedly had agreed to pay compensation of Rs.2.5 lakhs to the deceased. The allegation in the first information is that the said compensation amount was not paid and when a demand was made, accused No.1 allegedly abused Nagaraju stating that it is good, if he dies. Accused Nos.2 and 3 are the wife and mother of accused No.1.

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In the first information there is no mention of

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any such act committed by accused persons immediately prior to deceased committing suicide on 07.03.2025 which would have either abetted or instigated deceased to commit suicide. Accused No.1 who has no other criminal antecedents is in custody from 07.03.2025. Accused Nos.2 and 3 are his wife and mother even the said accused persons do not have any criminal antecedents.

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Accused Nos.1 to 3 are rustic villagers who are agricultural labourers by avocation. The alleged offence is neither punishable with death or life imprisonment. Under these circumstances, the prayer made by the petitioners

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6 - NC: 2025:KHC:17162 CRL.P No. 5222/2025 C/W CRL. P No. 5258/2025

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for grant of regular bail and anticipatory bail is required to be answered affirmatively.

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Accordingly, the following:-

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ORDER

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Crl.P.No.5222/2025 is allowed and the respondent -

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Police or any other police in the State of Karnataka are directed to release the petitioners/accused Nos.2 and 3 in the event of their arrest in Crime No.22/2025 registered by Kuderu Police Station, Chamarajanagara District, for the offence punishable under Section 108 R/w 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions:

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Petitioners/accused Nos.2 and 3 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.

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Petitioners/accused Nos.2 and 3 shall regularly appear before the Trial Court without

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7 - NC: 2025:KHC:17162 CRL.P No. 5222/2025 C/W CRL. P No. 5258/2025

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fail unless exempted by the Trial Court for valid reasons.

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Petitioners/accused Nos.2 and 3 shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.

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Petitioners/accused Nos.2 and 3 shall not involve in similar offences in future.

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Crl.P.No.5258/2025 is allowed . The

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petitioner/accused No.1 is directed to be enlarged on bail in Crime No.22/2025 registered by Kuderu Police Station, Chamarajanagara District, for the offence punishable under Section 108 R/w 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions:

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a) Petitioner/accused No.1 shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner/accused No.1 shall appear regularly on all the dates of hearing

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