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Judgment
S Vishwajith Shetty, J
Accused No.2 in Crime No.139/2025 registered by Sampigehalli Police Station, Bengaluru, for the offences punishable under Sections 64, 115(2), 49, 127(2) and 351(2) of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail.
Heard the learned counsel for the parties.
FIR in Crime No.139/2025 was registered by Sampigehalli Police Station, Bengaluru, for the aforesaid offences against Masood and the petitioner herein based on the first information dated 11.04.2025 received from the victim girl aged about 18 years. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.3259/2025 before the jurisdictional Sessions Court which was rejected on 03.05.2025. Therefore, he is before this Court.
Perusal of the averments found in the first information would go to show that accused persons are staying as tenants in the second floor of the house and the father of the victim girl is the owner of the said premises. In the first information, it is alleged that on 07.04.2025, petitioner herein had summoned the victim girl to her house on the pretext of talking to her and when the victim went to the second floor of their house in which accused persons are residing, petitioner allegedly pushed the victim girl inside the room in which accused No.1 was there and locked the door from outside. It is further alleged that accused No.1 allegedly forced the victim girl to marry him and when she refused, he allegedly assaulted her. It is further alleged that accused No.1 misbehaved with her and also inserted his finger into her private part and as a result, victim girl started shouting. Thereafter, she forcibly opened the door of the room and since, the petitioner was standing outside the room, she jumped from the balcony of the second floor and suffered injuries and therefore, she was admitted in a Hospital.
Accused No.1, who was arrested in the present case on 12.04.2025 has been granted regular bail by this Court in Crl.P.No.8321/2025 disposed of on 30.06.2025. The allegation of sexually assaulting the victim girl and also abusing and physically assaulting her is only as against accused No.1. Insofar as petitioner, who is the mother of accused No.1, the allegation is that she had pushed the victim girl inside the room in which accused No.1 was there and thereafter, locked the door from outside. Petitioner is a lady aged about 45 years. Considering the aforesaid aspects of the matter and the nature of allegations found against her, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:-
The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of her arrest in Crime No.139/2025 registered by Sampigehalli Police Station, Bengaluru, for the offences punishable under Sections 64, 115(2), 49, 127(2) and 351(2) of BNS, 2023, subject to the following conditions:
The Petitioner 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.
Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
Petitioner shall not tamper with the prosecution witnesses and she shall co-operate with the police for investigation and appear before them whenever called upon.
The petitioner shall not involve in similar offences in future.