IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14130 OF 2025 (438(Cr.PC) / 482(BNSS))

BETWEEN:

SMT NAGARATHNA W/O SHIVANANDA, AGED ABOUT 36 YEARS, R/AT MUTTINAKODLU, HOSURU VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT - 576233.

…PETITIONER (BY SRI. GOVINDARAJU K.,ADVOCATE)

AND:

STATE OF KARNATAKA S.H.O. KOLLUR POLICE STATION, Digitally signed by UDUPI DISTRICT, LAKSHMINARA YANA MURTHY RAJASHRI REPRESENTED BY LEARNED Location: HIGH STATE PUBLIC PROSECUTOR, COURT OF KARNATAKA HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

…RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP)

THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE PETITINER ON ANTICIPATORY BAIL IN CRIME NO.27/2025 FOR OFFENCES UNDER SECTIONS 326(f), 326(g), 329(3), 324(4), 352, 351(3), 109(1) READ WITH 3(5) OF BNS, 2023 REGISTERED BY THE KOLLURU POLICE STATION, UDUPI DISTRICT WITH A DIRECTION TO RELEASE HER ON BAIL IN THE EVENT OF ARREST.

THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by accused No.1 under Section

482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.27/2025 of Kollur Police Station, registered for offences punishable under Sections 326(f), 326(g), 329(3), 324(4), 352, 351(3), 109(1) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023.

2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent -

State.

3. Learned counsel for petitioner would contend that, the petitioner has been falsely implicated at the instance of one Manjula D. Shetty as the petitioner made a complaint to the authorities regarding illegal construction of building by them on a Government land. The petitioner is a woman. Even though, FIR is registered in 14.04.2025, still the charge sheet has not been filed. The offence alleged against this petitioner is not punishable either with death or imprisonment for life. With these, he prayed to allow the petition.

4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, there was an attempt to burn the banana plants and the fence, and attempt to kill the first informant. The first informant is aged sixty two (62) years and she is a senior citizen. There is no connection with regard to dispute between this petitioner on one side and Manjula D. Shetty on the other. The investigation is in progress. The petitioner is required for custodial interrogation. With these, she prayed for dismissal of the petition.

5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record.

6. As per the complaint of first informant, the allegation against this petitioner and accused No.2 is that, they set fire to the banana crop and the fence of first informant and when she came out of the house, the petitioner was holding petrol in her hand and accused No.2 was holding machete and there were two to three other male persons in the spot. When the petitioner screamed at them those male persons ran away. The petitioner and accused No.2 abused her in a filthy language and entered her house and they set fire to her clothes kept in the house and tried to put petrol on her body and accused No.2 has cut the banana plantation and threatened her and went away.

7. The FIR is registered in 14.04.2025 and it is submitted that, till date, the charge sheet has not been filed. The petitioner is a woman and the offence alleged against this petitioner is not punishable either with death or imprisonment for life. The petitioner has undertaken to cooperate with the Investigating Officer in investigation and abide by any terms and conditions to be imposed by this Court.

8. Considering all the above aspects, the petitioner has made out a