(Prayer: This Crl.P is filed under Section 438 of Cr.P.C (Old), Section 482 of BNSS (New), praying to allow the petition thereby granting anticipatory bail to the petitioners and direct the respondent Police/Turvihal Police Station, Tq. Sindhanur, Dist. Raichur to release the petitioners on bail in connection with Crime No.153/2025 for offences p/u/Sec. 189(2), 191(2), 191(3), 115(2), 118(1), 109, 54, 74, 352, 351(2), 351(3) r/w Sec. 190 of BNS, pending before the Addl. Civil Judge and JMFC (Jn.Dn.) Court at Sindhanoor.)

Oral Order

1. This petition is filed under Section 438 of the Code of Criminal Procedure/482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant anticipatory bail in Crime No.153/2025 of Turvihal Police Station, Raichur District, for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 109, 54, 74, 352, 351(2), 351(3) read with Section 190 of the Bharatiya Nyaya Sanhita, 2023, Additional Civil Judge and JMFC (Junior Division) Court, Sindhanoor.

2. The case of the prosecution in brief is that, one Smt. Parvatemma W/o Mudukappa has filed a complaint against the petitioners herein and other accused alleging that they have formed an unlawful assembly and with common object, trespassed into the land of the complainant, assaulted her and caused injuries and also intimidated to take her life by using abusive words and thus, committed the offences as stated above.

3. Learned counsel for the petitioners/accused Nos.4, 5 and 7 submitted that, the petitioners are women and there is no allegation of overt-acts against them and they have been falsely foisted in the crime. Therefore, requested to allow the petition.

4. Per contra, learned High Court Government Pleader vehemently objected for grant of anticipatory bail by stating that, the petitioners are required for interrogation and therefore, prays to reject the petition by considering the gravity of offences alleged against them.

5. Having considered the materials available on record at this stage for considering the petition, it appears that the petitioners are women and the overt act against petitioner No.1 is that she has assaulted with stick on the backside and to the head of the complaint and caused tenderness injuries; the overt act against petitioner No.2 is that, she has assaulted with a stone on the back and hand of the complainant; the over act against petitioner No.3 is that, she has instigated accused Nos.1 and 3 and said that if the complainant would not die, then they would not get property. These are the only overt-acts alleged against the petitioners as per the complaint. The offences alleged against the petitioners neither punishable with death nor imprisonment for life and moreover, the petitioners are women. Therefore, with stringent conditions, if they are released on bail, then there would not be any prejudice to the investigation.

6. For the aforesaid reasons, the petition filed by the petitioners is liable to be allowed. Hence, I proceed to pass the following:

ORDER

          The Criminal Petition is allowed.

          The respondent-Police are directed to release the petitioners/accused Nos.4, 5 and 7 in the event of their arrest in Crime No.153/2025 of Turvihal Police Station, Raichur District, for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 109, 54, 74, 352, 351(2), 351(3) read with Section 190 of the Bharatiya Nyaya Sanhita, 2023, pending on the file of the Additional Civil Judge and JMFC (Junior Division) Court, Sindhanoor, subject to the following conditions:

          (i) The petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each, with two sureties for the like sum to the satisfaction of the Investigating Officer.

          (ii) The petitioners shall regularly appear before the Trial Court during the course of the proceedings, unless exempted for valid reasons by the Trial Court.

          (iii) The petitioners shall not tamper with the prosecution witnesses or evidence, either directly or indirectly.

          (iv) The petitioners shall co-operate with the Investigating Officer during the investigation and shall appear as and when called upon.

          (v) The petitioners shall not involve themselves in any similar offences in future.