Karnataka High Court
Smt. Renuka vs The State Of Karnataka on 28 February, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
-1-
NC: 2025:KHC-K:1359
CRL.P No. 200290 of 2025
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 200290 OF 2025
(438(Cr.PC)/482(BNSS))
BETWEEN:
SMT. RENUKA W/O BASAVARAJ CHITTAPUR,
AGE:37 YEARS, OCC: HOUSE HOLD WORK,
R/O. HITTANALLI,
TQ. AND DIST. VIJAYAPUR-586 112
...PETITIONER
(BY SRI. R. S. LAGALI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH THE PSI., VIJAYAPURA RURAL PS.,
Digitally signed
by SHIVAKUMAR
REP. BY THE ADDL. STATE PUBLIC PROSECUTOR,
HIREMATH HIGH COURT OF KARNATAKA,
Location: HIGH KALABURAGI- 585 103.
COURT OF
KARNATAKA
2. LAXMAN S/O BASAPPA CHITTAPUR,
AGE:77 YEARS, OCC: AGRICULTURE,
R/O. HITTANALLI, NOW AT HULILGERI,
TQ. BADAMI, DIST. BAGALKOT-587 201.
...RESPONDENTS
(BY SMT. MAYA T.R., HCGP FOR R1
V/O DTD. 28.02.2025, NOTICE TO R2 IS HELD SUFFICIENT)
THIS CRL.P IS FILED U/S. 438 OF CR.P.C (OLD), U/S.
482 OF BNSS (NEW), PRAYING TO ALLOW THIS ANTICIPATORY
BAIL PETITION AND THEREBY ORDER THE RELEASE OF THE
-2-
NC: 2025:KHC-K:1359
CRL.P No. 200290 of 2025
PETITIONER IN THE EVENT OF HER ARREST IN CRIMINAL CASE
NO. 6118/2024 (ARISING OUT OF PRIVATE COMPLAINT NO.
369/2023) BEFORE THE HON'BLE IV ADDL. CIVIL JUDGE AND
JMFC III, VIJAYAPURA AGAINST THE PETITIONER FOR THE
OFFENCES PUNISHABLE U/S 423, 426, 427, 465, 468, 471,
474 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY)
Petitioner is before this Court under Section 482 of
BNSS, 2023, with a prayer to grant anticipatory bail in
criminal case No.6118/2024, arising out of private
complaint No.369/2023 pending before the Court of IV
Additional Civil Judge & JMFC III, Vijayapura, registered
for offences punishable under Sections 423, 426, 427,
2. Heard the learned Counsel for the petitioner
and learned HCGP for respondent No.1. Respondent No.2,
-3-
NC: 2025:KHC-K:1359
CRL.P No. 200290 of 2025
who is served in the matter, has remained unrepresented
before this Court.
3. Learned Counsel for the petitioner submits that
petitioner is a married lady aged about 37 years. Learned
Magistrate has taken cognizance of the alleged offences
which are non-bailable. Petitioner apprehends arrest in
the case and therefore, she had approached the
Jurisdictional Sessions Court in Crl.Misc.No.55/2025, which
was rejected on 25.01.2025. Accordingly, he prays to
allow the petition.
4. Per contra, learned HCGP has opposed the
petition and she submits that learned Session Judge has
rejected the bail application for the reason that there is no
apprehension of arrest and accordingly, she prays to
dismiss the petition.
5. Private complaint in the present case is filed by
respondent No.2 herein alleging that the petitioner has
committed offences punishable under Sections 423, 426,
-4-
NC: 2025:KHC-K:1359
CRL.P No. 200290 of 2025
427, 465, 468, 471 and 474 of IPC. The offences
punishable under Sections 468, 471 and 474 are
undisputedly non bailable offences. The learned Magistrate
after recording the sworn statement of respondent No.2
has taken cognizance of the alleged offences and has
issued summons to the petitioner. Petitioner who is a
married lady aged about 37 years apprending arrest in the
case had approached the Jurisdictional Sessions Court in
Crl.Misc.55/2025, which was dismissed on 25.01.2025, on
the ground that since, the learned Magistrate has issued
summons there cannot be any apprehension of arrest and
accordingly, dismissed the petition.
6. Considering the fact that the learned Magistrate
has taken cognizance of the alleged offences which are
non bailable in nature, the apprehension expressed by the
petitioner cannot said to be misconceived. The Hon’ble
Supreme Court in the case of Mahdoom Bava Vs.
Central Bureau of Investigation1 in almost similar
1
2023 SCC OnLine SC 299
-5-
NC: 2025:KHC-K:1359
CRL.P No. 200290 of 2025
circumstances, has observed that in the event the party
expresses that there is a likelihood of the Court remanding
him/her to judicial custody, then such apprehensions
cannot be said to be totally misconceived. 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:
ORDER
i. The petition is allowed.
ii. 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
criminal case No.6118/2024 arising out of
private complaint No.369/2023 pending before
the Court of IV Additional Civil Judge and JMFC
III, Vijayapura, registered for offences
punishable under Sections 423, 426, 427, 465,
468, 471 & 474 of IPC, subject to the following
conditions:
-6-
NC: 2025:KHC-K:1359
CRL.P No. 200290 of 2025
1. The petitioners shall appear before the Trial
Court within a period of 15 days from the
date of receipt of the copy of this order and
shall execute a personal bond for a sum of
Rs.50,000/- with one surety for the likesum
to the satisfaction of the Trial Court.
2. The petitioner shall regularly appear before
the Trial Court without fail unless exempted
by the Trial Court for valid reasons.
3. The petitioner shall not tamper with the
prosecution witnesses.
4. The petitioner shall not involve in similar
offences in future.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
TMP
List No.: 1 Sl No.: 12
CT:PK
