Smt. Prathima A N vs The State Of Karnataka

Accused No. 20 in Special Case No.71/2026, pending before the Court of Principal District and Sessions Judge and Special Judge at Mysuru, arising out of Crime No.54/2025 registered for the offences punishable under Sections 103(1), 109(1), 118(1), 118(2), 61(2)(a), 238(a), 238(b), 249(a) r/w. Section 3(5) of BNS, 2023, Section 25(1)(a) of Indian Arms Act and Sections 3(1)(i)(ii), 3(2), 3(3), 3(4) of the Karnataka Control of Organized Crime Act, 2000 (for short, ‘KCOCA’), is before this Court, in this petition, filed under Section 482 of BNSS, 2023, seeking anticipatory bail.

Heard the learned counsel for the parties.

FIR in Crime No.54/2025 was registered by Bantwala Rural Police Station, Dakshina Kannada District, against Deepak and others, based on the first information dated 27.05.2025, received from Mohammed Nissar, friend of deceased Abdul Rehman and injured - Kalandar Shafi. In the said case, after completing investigation, initially charge sheet was filed against 14 accused persons. Additional charge sheet was filed subsequently, invoking the provisions of KCOCA against the accused named in the charge sheet. Subsequently, the second additional charge sheet was filed as against 9 persons, namely, accused Nos. 15 to 23 and, in the said charge sheet, petitioner is arrayed as accused No.20. Apprehending arrest, petitioner had filed Crl.Misc.No.465/2026 before the jurisdictional Court of Special Judge at Mysuru, which was dismissed on 10.06.2026. Therefore, she is before this Court.

Learned Senior Counsel appearing on behalf of the petitioner submits that, petitioner's name is found in the second additional charge sheet which is filed against accused Nos.15 to 23. Allegation against the petitioner is about harbouring accused Nos. 6 and 9 to 13 and also providing them food and money. Petitioner, who is a married lady, has no other criminal antecedents. Investigation of the case is already completed. Considering the nature of allegations as against the petitioner, who has no other criminal antecedents, he prays to allow the petition.

Per contra, learned Additional State Public Prosecutor, who has opposed the petition, however, does not dispute the submissions made by learned Senior Counsel.

According to the prosecution, the incident in question, in which, Abdul Rehman was murdered and another was injured, had taken place in the background of the murder of one Suhas Shetty, which had taken place earlier. Accused Nos. 6 to 13 are the alleged conspirators for the said crime that was committed on 27.05.2025 within the jurisdiction of Bantwala Rural Police Station, Dakshina Kannada District. Petitioner, who is the resident of Sagar Town, Shivamogga District, allegedly had harboured and also provided food and money for traveling, to accused Nos. 6 and 9 to 13. Except the said allegation, there is no other allegation as against the petitioner.

It is not in dispute that, petitioner, who is a married lady has no other criminal antecedents. Merely for the reason that the provisions of KCOCA are invoked, it cannot be said that in view of Section 22(3) of KCOCA, an application filed seeking anticipatory bail, cannot be entertained. The rigor under the said provision cannot be an embargo for this Court to consider the anticipatory bail application of the accused, if it is otherwise found that the provisions of KCOCA would, prima facie, not get attracted against the said accused. Under the circumstances, 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: