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2025 Supreme(Online)(Kar) 20295

KARNATAKA HIGH COURT
S RACHAIAH, J
SMT VIJAY LAKSHMI SHAMANNA – Appellant
Versus
STATE BY KOTHANUR POLICE STATION – Respondent


Advocates:
For the Appellants/Petitioners: SRI. H RAMACHANDRA
For the Respondents: SMT.RASHMI PATEL, HCGP

Table of Content
1. nature of allegations and considerations for bail. (Para 1 , 2 , 6)
2. arguments presented by the parties and court's considerations. (Para 3 , 4 , 5)
3. orders and conditions related to the bail granted. (Para 7)

ORAL JUDGMENT

1. The appellants are before this Court seeking anticipatory bail in Crime No.52/2025 for the offences punishable under Sections 329 (3), 351(2), 352 read with 190 of the Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS 2023’) and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘SC and ST (POA) Act’). Factual matrix of the case:

2. It is the case of the prosecution that, a complaint was lodged by the complainant alleging that on 09.03.2025 at about 3.30 p.m., to 4.00 p.m, the appellants and five to six members suddenly trespassed into the land bearing Sy.no.125/1 and Sy.no.22/2 claiming that the said land belongs to one Vinod Kumar B.S and Arun Kumar B.S. The complainant had been abused by naming his caste and further, the accused had pushed his wife and the complainant and also abused them by naming their caste. Thereafter, a complaint came to be registered against the appellant

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