CRL.P/14500/2026 of SMT. VASANTHAMMA Vs STATE BY on 5 October 2026

ORAL ORDER

1. Accused Nos.1 and 2 in SC No.41/2026 pending before the Court of III Addl. District and Sessions Judge, Chikkaballapura, arising out of Crime No.54/2026 registered by Gowribidanur Town Police Station, Chikkaballapura, for the offences punishable under Sections 352, 115(2), 109, 103(1) and 3(5) of BNS, 2023, are before this Court in this petition filed under Section 483 of BNS, 2023, seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.54/2026 was registered by Gowribidanur Town Police Station, Chikkaballapura, initially for the offences punishable under Sections 115(2), 118(1), 3(5) and 352 of BNS, 2023, against petitioners herein and another based on the first information dated 19.03.2026 received from Gangaraju S/o Balappa. Subsequently, injured victim Balappa died in Hospital and thereafter, the offence punishable under Section 103 of BNS, 2023, has been invoked in the present case. During the course of investigation, petitioners herein were

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arrested on 03.04.2026 and remanded to judicial custody. After completing investigation, charge sheet is now filed against three persons for the aforesaid offences and petitioners are arraigned as accused Nos.1 and 2 in the charge sheet. Their bail application filed before the Trial Court in SC No.41/2026 was rejected on 28.07.2026. Therefore, they are before this Court.

4. A perusal of the first information as well as charge sheet in the present case would go to show that accused No.1, is the mother of accused Nos.2 and 3. Family of the accused and the family of the deceased were staying in adjacent houses. It appears that CW3, who is the daughter of deceased Balappa and CW2, had eloped with a boy whom she loved and therefore, accused No.1 used to talk ill about CW3 and also her family members. Therefore, two families were often quarrelling with each other. On 19.03.2026, Balappa and his wife CW2 were talking to each other stating that their daughter CW3 was not along with them to celebrate Ugadi festival. At that time, accused No.1 allegedly spoke ill of CW3 and raised a quarrel. Subsequently, accused No.1 allegedly assaulted CW2 with her

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hands and accused No.2 assaulted CW2 with a wooden piece on her head. When Balappa tried to intervene, accused No.3 - Murthy allegedly pushed him and as a result, he fell down on the cement road and suffered injury on his head. Thereafter, CW4 and CW14 intervened and telephoned CW1, the son of CW2, who came to the spot of crime and thereafter, shifted CW2 and his father Balappa to Hospital.

5. Balappa, who was admitted in Gowribidanur Government Hospital was subsequently shifted to Chikkaballapura Government Hospital, but he died on 25.03.2026 while undergoing treatment. Post-mortem report of Balappa would go to show that he had suffered two external injuries. The first injury is an abrasion over the left fronto-temporal region and the second injury is on the left leg of Balappa. The allegation of assaulting Balappa and pushing him to ground is found in the first information as well as in the charge sheet only as against accused No.3, who is arrested and remanded to judicial custody in the present case. Insofar as accused Nos.1 and 2 are concerned, the allegation against them is about assaulting CW2. The injury certificate of CW2 would go to show that she

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has suffered only simple injuries in the incident in question. Accused Nos.1 and 2 are married ladies, who have no other criminal antecedents. Considering the nature of allegations found against them and also having regard to Proviso to Section 480 of BNSS, 2023, the following order:-

6. The petition is allowed. The petitioners are directed to be enlarged on bail in SC No.41/2026 pending before the Court of III Addl. District and Sessions Judge, Chikkaballapura, arising out of Crime No.54/2026 registered by Gowribidanur Town Police Station, Chikkaballapura, for the offences punishable under Sections 352, 115(2), 109, 103(1) and 3(5) of BNS, 2023, subject to the following conditions:

a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;

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c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.

Sd/- (S VISHWAJITH SHETTY) JUDGE

DN List No.: 1 Sl No.: 82