Palani & Ors vs State Of Karnataka

Shivashankar Amarannavar, J

This petition is filed by accused Nos.2 and 3 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.81/2025 of Mandya East Police Station registered for the offences punishable under Sections 126(2), 352, 118(1), 54, 351(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023.

Heard the learned counsel for petitioners and learned High Court Government Pleader for respondent/state.

The learned counsel for petitioner would contend that, serious overt act of assault with knife is against accused No.1. There is no serious overt act alleged against the petitioners. The assault alleged by petitioner No.1/accused No.2 is with a ripper piece on the left shoulder of injured, and it has not caused grievous injury. The allegation against petitioner No.2/accused No.3 is that, she stopped the injured and abused him in filthy language, and abated the other accused to kill the injured. The petitioners are ready to cooperate with the police in investigation. There are no criminal antecedents of the petitioners. Petitioner No.2 is a woman aged 58 years. The petitioners are ready to abide by any conditions to be imposed by this Court. With this, he prayed to allow the petition.

Per contra, the learned High Court Government Pleader for respondent/State would contend that, the injured has sustained five injuries. Out of them, one injury is grievous and other four injuries are simple in nature. The overt act alleged against petitioner No.1/accused No.2 is assault by a ripper piece having a nail, and it has caused an incised wound on the left shoulder of the injured measuring 1x1x0.5 cms. The investigation is in progress. The petitioners are required for interrogation. With this, he prayed to reject the petition.

Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record.

As per the averments of the first information, on 05.08.2025, the accused Nos.1 to 3 stopped the injured/Raghava from proceeding further and abused him in filthy language. At that time, accused No.1 assaulted him with knife on his left rib and back. Accused No.2 took ripper piece fallen there, and assaulted the injured with it on his left shoulder, and it was containing nail, and it caused injury to his left shoulder. The first informant and Poornima have rescued the injured. At that time, accused No.3 was instigating the other accused to kill the injured.

Considering the said averments, there is no overt act against petitioner No.2/accused No.3 of assaulting the injured. The accusation against petitioner No.2/accused No.3 is that, she stopped the injured and abated other accused to kill the injured. The petitioner No.2/accused No.3 is a woman aged 58 years.

Considering the above aspects, she is entitled for grant of anticipatory bail with conditions.

The overt act alleged against the petitioner No.1/accused No.2 is assault with a ripper piece on the left shoulder of the injured, and the said ripper piece is containing nail. The said assault made by the petitioner No.1/accused No.2 has caused incised wound measuring 1x1x0.5cms over left shoulder. Considering the said overt act, petitioner No.1/accused No.2 is not entitled for discretionary relief of anticipatory bail.

Considering the above aspects, the following:

ORDER

i) The petition is allowed in part.

ii) The petition by petitioner No.1/accused No.2 is dismissed.

iii) The petition by petitioner No.2/accused No.3 is allowed.

iv) The petitioner No.2/accused No.3 is ordered to be released on bail in the event of her arrest in Crime No.81/2025 of Mandya East Police Station registered for the offences punishable under Sections 126(2), 352, 118(1), 54, 351(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 subject to following conditions:

a) The petitioner No.2/accused No.3 shall appear before the Investigating Officer within ten days from this day, and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the life sum to the satisfaction of the Investigating Officer/jurisdictional Court.

b) The petitioner No.2/accused No.3 shall not tamper the prosecution witnesses either directly or indirectly.

c) The petitioner No.2/accused No.3 shall appear before the Trial Court on all dates of hearing, unless exempted, and co-operate for speedy disposal of the case.