Mala vs State Of Karnataka

M.G.S. Kamal, J

The petitioner, who is accused No.2 in Crime No.119/2026 registered at Vidyaranyapura Police Station for the offences punishable under Sections 109, 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, is before this Court seeking grant of bail.

The complaint produced at page No.14 of the petition indicates that the complainant and one Ravi- accused No.1 who is the brother of the petitioner-accused No.2, had an altercation with respect to the employment of brother of the petitioner-accused No.2 herein. It is further stated that on the date of the incident, i.e., 20.03.2026, the complainant had gone to the house of accused No.2 - petitioner at about 7:15 p.m. and had called the brother of accused No.2 - petitioner. At that time, the petitioner herein came out and abused the complainant, questioning his visit to her house. Soon thereafter, the petitioner herein allegedly threw chilly powder into the eyes of the complainant. By that time, accused No.1-brother of the petitioner herein attempted to assault the complainant with machete. The complainant sustained injuries to his hand. Accordingly, Crime No.119/2026 came to be registered for the offences noted above.

Learned counsel for petitioner-accused No.2 submits that, except the allegation that the petitioner allegedly throwing chilly powder into the eyes of the complainant, no other overt act is attributed to her. It is further submitted that the petitioner is pursuing her graduation and has been falsely implicated and therefore, seeks grant of bail.

Learned High Court Government Pleader for respondent-State submits that the investigation is still in progress. She has also furnished the wound certificate indicating injuries sustained on the left arm of the complainant. Hence, seeks rejection of petition.

Heard the learned counsel for parties and perused the records.

Perusal of the wound certificate does not indicate that the complainant had stated anything before the Doctor, who first examined him, regarding chilly powder allegedly thrown by accused No.2-petitioner. The wound certificate only indicates the presence of an injury on the left forearm, which is alleged to have been inflicted by accused No.1-brother of the petitioner herein. No overt act is attributed to the petitioner herein.

Considering the allegations made in the complaint as noted above and also the submission of the learned counsel for accused No.2-petitioner that the petitioner herein is pursuing her graduation and has been falsely implicated in the case, this Court deems it appropriate to grant bail to accused No.2-petitioner.

Accordingly, I pass the following:

ORDER

(i) Criminal Petition is allowed.

(ii) Accused No.2-petitioner is directed to be enlarged on bail in Crime No.119/2026 for the offences punishable under Sections 109, 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, subject to the following conditions:

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

b) Accused No.2-petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts her appearance for valid reasons;

c) Accused No.2-petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) Accused No.2-petitioner shall not involve in similar offences in future;

e) Accused No.2-petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against her is disposed off;

f) Communicate copy of this order to the trial Court and concerned prison authorities forthwith.