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grants to BJP MLA's daughter, noting
In a notable order, the granted to Smt. Aishwarya @ Ishwarya, the daughter of BJP MLA B. Suresh Gowda, who was booked for allegedly slapping a woman Police Sub-Inspector at a temple. Justice S Vishwajith Shetty, presiding over the criminal petition, allowed the bail application under , emphasizing the petitioner's unconditional public apology, lack of , and willingness to cooperate with the investigation.
The Temple Incident
The case stems from an FIR registered on , at the in Mandya District. According to the complaint filed by Savitha B., a PSI from the , she was on bandobast duty at the Marramma Temple in Arathi Ukkada around 4:30 PM when the petitioner arrived with two companions for darshan. When one of the companions attempted to enter the Garbagudi (sanctum sanctorum), the PSI intervened to restrain him. At that point, the petitioner allegedly abused the officer and slapped her on the cheek.
Based on this incident, an FIR was registered for offences under Sections 132, 115(2), 352, and 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023—which correspond to assaulting a public servant to deter her from duty, criminal intimidation, voluntarily causing hurt, and intentional insult, respectively.
Court Proceedings and Arguments
Apprehending arrest, the petitioner first approached the , which rejected her plea on . She then moved the High Court.
, appearing for the petitioner, argued that the incident occurred on the and was not intentional. He highlighted that the petitioner and her father had publicly tendered an for the mistake. Counsel further submitted that the maximum punishment for the alleged offences is two years of imprisonment, that the petitioner—a married woman with minor children—had no prior criminal record, and that she was fully prepared to cooperate with the investigation.
The State, represented by , opposed the petition, contending that the investigation was still underway and that should not be granted at this stage.
Court's Reasoning and Key Observations
Justice Shetty carefully considered the material on record. The judgment noted the petitioner's background: she is the daughter of an MLA and her husband is a serving Deputy Superintendent of Police. Crucially, the court observed:
"Learned Senior Counsel has produced material before this Court which would go to show that petitioner as well as her father have tendered publicly for the untoward incident that had taken place on ."
The court also took note of the nature of the offences. Since the maximum punishment is only two years, the court found that the case did not warrant , especially given the petitioner's clean antecedents and her undertaking to cooperate.
"Petitioner who has no other , has undertaken to cooperate with the police for the purpose of investigation. Considering the aforesaid aspects of the matter, I am of the opinion that petitioner's prayer for grant of is required to be answered affirmatively."
Conditions for Release
Allowing the petition, the High Court directed that the petitioner be released on upon her arrest, subject to the following conditions:
- The petitioner must appear before the Investigating Officer within 15 days from receipt of the order and execute a of ₹1,00,000 with two of the like sum.
- She shall regularly appear before the trial court unless exempted.
- She shall not tamper with prosecution witnesses and shall cooperate with the investigation, appearing whenever called.
- She must not involve herself in similar offences in the future.
Implications of the Ruling
The decision underscores the court's willingness to grant even in cases involving assault on a public servant, provided the accused demonstrates genuine remorse, has no criminal record, and faces relatively low maximum punishment. The unconditional public apology by the petitioner and her father played a pivotal role in persuading the court that she was not a or likely to .
The case remains pending before the , where the trial will proceed in due course.
