Boby Clippy vs State Of Karnataka

M.G.S. Kamal, J

Petitioner who is shown as accused No.2 in the remand application dated 05.04.2026 produced at document No.4 of the petition papers is before this Court seeking her release in the event of her arrest in Crime No.30/2026 for the offences punishable under Sections 126(2), 329(3), 352, 351(2), 324(5) read with 3(5) of Bharatiya Nyaya Sanhita (BNS),2023 and Section 5, 25(1)(A) and 27(1) of the Arms Act, 1959 registered before the respondent-police.

A complaint dated 07.02.2026 came to be filed by one M Somashekar before the respondent-police alleging that there was a business dispute between himself and one K G Clippy, and that there were civil disputes pending between the parties. There is also pending arbitration proceedings between the complainant and said K G Clippy, pursuant to appointment of an Arbitrator by this Court vide order dated 05.02.2026 passed in Civil Miscellaneous No.32/2024.

It is alleged that two days after the appointment of Arbitrator by this Court, said K G Clippy had gone to the stone crushing unit being run by the complainant threatening him to settle the matter and said K G Clippy the had also kept a gun like weapon on his own head, threatening to blow up himself if the matter was not settled. Based on these allegations, case in crime No.30/2026 for the offences punishable as noted above came to be registered by the respondent-police.

Learned counsel for the petitioner submits that though there is no allegation of any nature whatsoever made in the complaint against the petitioner herein who is the wife of K G Clippy, now she is arraigned as accused No.2 in the remand application dated 05.04.2026 filed by the respondent police. Hence, she submitted the serious apprehension of she being arrested in the aforesaid crime.

Heard the learned counsel for petitioner as well as learned High Court Government Pleader for respondent- State and perused the records.

As pointed out by the learned counsel for the petitioner, perusal of the complaint do not indicate any allegation even remotely made against the petitioner herein. Admittedly, the dispute between the complainant and husband of the petitioner are pending before the Civil Court as well as before the arbitration proceeding. Neither the complaint nor the FIR indicate the name of the petitioner herein. However, in the remand application respondent-police have arraigned the petitioner herein as accused No.2.

This Court by order dated 12.05.2026 passed in Crl.P.No.6869/2026 has already granted bail to K G Clippy, who is the husband of the petitioner herein. In that view of the matter, the Criminal Petition is allowed.

Accused No.2/petitioner is directed to be enlarged on bail in the event of her arrest in Crime No.30/2026 for the offences punishable under Sections 126(2), 329(3), 352, 351(2), 324(5) read with 3(5) of Bharatiya Nyaya Sanhita (BNS),2023 and Section 5, 25(1)(A) and 27(1) of the Arms Act, 1959, subject to the following conditions:

a) Accused No.2-petitioner shall execute personal bond for a sum of Rs.1,00,000/- with one local surety for the likesum, to the satisfaction of the jurisdictional Court;

b) Accused No.2-Petitioner shall appear before the Investigation Officer within 10 days from the date of receipt of certified copy of this order and extend full co-operation in the investigation of the matter.

c) Accused No.2-Petitioner shall appear before the trial Court and obtain regular bail within 15 days from the date of receipt of certified copy of this order.

d) Accused No.2-Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

e) Accused No.2-Petitioner shall not tamper with the prosecution witness.