Karnataka High Court
Shobha vs The State Of Karnataka on 21 May, 2026
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CRL.P No. 200691 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO.200691 OF 2026
(438(Cr.PC)/482(BNSS))
BETWEEN:
1. SHOBHA W/O SHIVARAJ EDIGA,
AGE: 32 YEARS, OCC: GOVT. OFFICER,
R/O H.NO.12-1-15/13,
REHMAT NAGAR COLONY,
HOSUR ROAD,
RAICHUR-584101.
2. TAYANNAGOUDA
S/O IBRAHEEMPUR HANUMANGOWDA EDIGA,
AGE: 63 YEARS, OCC: BUSINESS
R/O I.D.S.M.T. LAYOUT,
Digitally signed by
RAICHUR-584103.
BASALINGAPPA S
D
Location: HIGH
COURT OF
KARNATAKA
3. AKSHYA KUMAR
S/O TAYANNAGOWDA EDIGA,
AGE: 30 YEARS, OCC: BUSINESS,
R/O I.D.S.M.T. LAYOUT,
RAICHUR-584103.
...PETITIONERS
(BY SRI SANTOSH KUMAR B. BIRADAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH RURAL POLICE STATION,
RAICHUR
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HC-KAR
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
KALABURAGI-585103.
...RESPONDENT
(BY SRI VEERANAGOUDA MALIPATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF BNSS(NEW)/ 438 OF CR.P.C.(OLD), PRAYING TO
ALLOW THIS ANTICIPATORY BAIL PETITION AND TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF
THEIR ARREST IN CONNECTION WITH CRIME NO.78/2026
REGISTERED BY THE RAICHUR RURAL POLICE STATION,
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
189(2), 191(2), 191(3), 329(4), 118(2), 74, 115(2), 118(1),
352, 351(2) AND 190 OF THE BHARATIYA NYAYA SANHITA
(BNS), 2023, ON THE FILE OF I ADDL. CIVIL JUDGE
(SR.DN) AND CJM COURT, RAICHUR.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
1. Learned counsel for the petitioners is present.
2. Learned High Court Government Pleader for
the respondent/State is also present and he seeks time
to file objections.
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3. In spite of sufficient opportunities, the
learned HCGP has not filed any objections to the
petition. There is no reason to grant any further
adjournment and hence, the objection of the respondent
is taken as not filed.
4. However, the learned HCGP orally objects
that there is no ground made out by the petitioners to
grant anticipatory bail and hence, he seeks for dismissal
of the petition.
5. Heard the learned counsel for the petitioners
and also the learned High Court Government Pleader for
the respondent/State. Perused the relevant materials
on record.
6. This petition is filed by the petitioners/
accused No.1, 3 and 4 under Section 482 of Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’),
praying for granting them anticipatory bail in the case
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in Crime No.78/2026 of the respondent Police for the
offences punishable under Sections 189(2), 191(2),
191(3), 329(4), 118(2), 74, 115(2), 118(1), 352, 351(2)
read with Section 190 of Bharatiya Nyaya Sanhita (for
short ‘BNS’).
7. The facts of the case alleged against the
petitioners and other accused persons are that on
30.04.2026 at 9.30 p.m., the petitioners and other
accused persons formed unlawful assembly and
committed house trespass and assaulted the father of
complainant with wooden sticks and caused grievous
injuries. The petitioners along with other accused
persons also outraged modesty of the mother of
complainant and hence, the petitioners alleged to have
committed the offence.
8. It is undisputed fact that the petitioner No.1
is wife of the complainant and she lodged complaint
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against the complainant and his family members in
Crime No.46/2026, alleging that on the same day at
about 08.00 a.m., when she was preparing to leave for
her official duty, complainant and his family members
quarreled with the petitioner No.1 and assaulted her.
This would show that there is case against the
complainant and others on the complaint of petitioner
No.1.
9. As per the papers on record, the petitioner
No.1 is Government Officer and she is woman. Further,
the papers on record would show that accused No.2 and
5 are already released on bail. There is no material
forthcoming from the respondent Police to show that the
petitioners have committed any offence earlier and
hence, the petitioners are not habitual offenders. There
is absolutely no specific ground made out by the
respondent to reject the bail application.
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10. Further, the petitioners are residents of
Raichur District within the jurisdiction of the Court of
the learned Magistrate. The accused No.2 and 5 are
already released on bail. Hence, the petitioners being
accused No.1, 3 and 4 are also entitled to bail on the
ground of parity. Further, the alleged offences are not
punishable with death or life imprisonment.
11. Necessary and proper conditions be imposed
on the petitioners to assist the respondent Police in
further investigation of the case and also to appear
before the Court in the case as and when required.
There is absolutely no reason to disbelieve the reasons
put forth in the petition for anticipatory bail. Hence, the
petitioners have made out sufficient grounds to grant
anticipatory bail in their favour. Therefore, the petition
deserves to be allowed.
12. In the result, I proceed to pass the following:
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ORDER
The petition is allowed.
Consequently, the respondent Police is directed to
release the petitioners/ accused No.1, 3 and 4 on bail in
the event of their arrest in the case in Crime
No.78/2026 registered by them, for the offences
punishable under Sections 189(2), 191(2), 191(3),
329(4), 118(2), 74, 115(2), 118(1), 352, 351(2) read with
Section 190 of BNS, subject to the following conditions
that,
1. The petitioners/accused No.1, 3 and 4
shall appear before the Investigating
Officer within 15 days from the date of
receipt of copy of this order and shall
execute personal bond for a sum of
Rs.1,00,000/- each with two sureties for
the like sum to the satisfaction of the
Investigating Officer.
2. They shall appear before the
Investigating Officer as and when
required till final report is filed and they
shall assist the Investigating Officer in
further investigation of the case.
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3. They shall appear before the learned
Magistrate and also before the learned
Trial Court as and when directed.
4. They shall not hamper the investigation
and shall not tamper with prosecution
witnesses of the case in any manner, and
5. They shall not commit any similar
offences or any offences during pendency
of the case.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
SBS
List No.: 01 Sl No.: 11
CT:SI
