Chandavva Wife Of Tammaray Sarawad vs State By Jigani Police Station Bengaluru Rural District (Represented By State Public Prosecutor High Court Building, Bengaluru)

K. V. Aravind, J

This petition under section 482 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (for short, 'BNSS 2023') is by accused No.2 in Crime No.64/2026 registered by the Jigani police station for offence punishable under Section 80 of Bharatiya Nyaya Sanhita (BNS) 2023.

Sri Mohan C., learned counsel for the petitioner, submits that the petitioner/accused No.2 is the mother of accused No.1 residing in Vijayapura District, whereas the alleged incident has taken place in Anekal taluk, Bangalore. It is submitted that the petitioner is not involved in the alleged incident. It is submitted that the petitioner would co-operate for investigation by the respondent police.

Learned High Court Government Pleader submits that the incident is at the instigation of accused No.2. It is submitted that if the petitioner is granted bail, the petitioner may not co-operate in the investigation.

Having considered the submissions made by the counsel for the petitioner and the learned High Court Government Pleader and on perusal of the FIR, there are no specific allegations against the petitioner for involvement in the alleged crime. Moreover, the petitioner was residing in Vijayapura district and the alleged incident took place in Bangalore. The presence of the petitioner at the time of the incident is also not forthcoming. Prima facie, the ingredients to attract the alleged offence are not met.

In the light of the above, this Court passes the following:

ORDER

i. The criminal petition is allowed;

ii In the event of the arrest of the petitioner/accused No.2 in Crime No.64/2026 registered by Jigani police station for offence punishable under Section 80 of Bharatiya Nyaya Sanhita (BNS) 2023, they shall be enlarged on bail, subject to the following conditions;

(a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (rupees one lakh only) with one surety for the likesum to the satisfaction to the investigating officer.

(b) The petitioner shall appear before the investigating officer within a period of fifteen days from the date of this order to execute the personal bond for a sum of Rs.1,00,000/- and also to furnish one surety for the like sum.

(c) The petitioner shall cooperate with the investigation as and when required.

(d) The petitioner shall appear before the trial Court on all hearing dates without fail unless exempted.

(e) The petitioner shall not threaten the prosecution witnesses nor hamper the court proceedings.

(f) The petitioner shall not indulge in any criminal activity.

(g) In case the petitioner violates any of the bail conditions stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.