[Cites 6, Cited by 0]
Karnataka High Court
Kalavati W/O Sanjeev R vs The State Of Karnataka on 13 March, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2026:KHC-D:4043
CRL.P No. 100342 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 13TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.100342 OF 2026
(438 OF Cr.PC/482 OF BNSS)
BETWEEN:
KALAVATI W/O. SANJEEV R.,
AGE: 36 YEARS, OCC: LABOURER,
R/O. MALAVALLI TANDA, TQ. SHIKARIPUR,
DIST. SHIVAMOGGA-577428.
...PETITIONER
(BY SRI SANTOSH B. MALLIGAWAD, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
HANSBHAVI POLICE STATION,
HANSABHAVI P.S. HAVERI,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD-01.
2. VICTIM.
Digitally signed by
MALLIKARJUN ...RESPONDENTS
RUDRAYYA
KALMATH
Location: High
(BY SRI ABHISHEK MALIPATIL, HCGP FOR R1;
Court of
Karnataka, SMT. CHETANA S. BIRAJ, AMICUS CURIAE FOR R2)
Dharwad Bench
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
THE CODE OF CRIMINAL PROCEDURE, (U/S.482 OF BNSS, 2023)
PRAYING TO ALLOW THE APPLICATION AND GRANT ANTICIPATORY
BAIL TO THE PETITIONER IN THE EVENT OF HER ARREST IN
HANSABHAVI P. S. CRIME NO.100/2025 REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTION 64(2)(m), 351(2) AND 49 of
BNS, 2023 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE & JMFC,
HIREKERUR, HAVERI AND DIRECTED THE INVESTIGATION OFFICER TO
RELEASE THE PETITIONER/ACCUSED NO.2 ON THE BAIL IN THE EVENT
OF HER ARREST IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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CRL.P No. 100342 of 2026
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
Heard the learned counsel for the petitioner, the learned
HCGP for the respondent-State, and Smt.Chetana S.Biragi,
learned Amicus Curiae for respondent No.2.
2. This petition is filed by the petitioner/accused No.2
under Section 438 of Cr.P.C. read with Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory
bail and praying for the following relief:
"Wherefore, it is most respectfully prayed that
this Hon'ble court may be pleased to allow the
application and grant anticipatory bail to the petitioner
in the event of her arrest in Hansabavi P.S.Crime
No.100/2025 registered for the offences punishable
under Sections 64(2)(m), 351(2) and 49 of BNS 2023
pending on the file of Prl.Civil Judge and JMFC,
Hirekerur, Haveri and directed the investigation officer
to release the petitioner/accused No.2 on the bail in
the event of her arrest in the interest of justice and
equity".
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3. The brief case of the prosecution, as per the FIR and
charge sheet, is that the complainant used to visit the house of
the petitioner to take care of her two children. At that time,
accused No.2 introduced the complainant to accused No.1, which
in turn led to the development of a relationship between accused
No.1 and the victim/complainant, which resulted in the victim
becoming pregnant. Therefore, with these allegations, an FIR in
Crime No.100/2025 of Hansabhavi Police Station, Haveri, has
been registered against accused No.1 for the aforesaid offences.
4. The learned counsel for the petitioner submitted that
the petitioner is not named as an accused in the complaint or the
FIR. However, she has been arrayed as accused No.2 in the
charge sheet. As per the charge sheet material, the only
allegation against the petitioner is that she introduced accused
No.1 to the victim. It is further submitted that the petitioner is
working as a coolie and has two minor children, and there is
nobody in the house to look after them. Therefore, he prays to
allow the petition.
5. On the other hand, the learned Amicus Curiae for
respondent No.2 and the learned HCGP opposed the petition and
submitted that the petitioner/accused No.2 has also aided
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HC-KAR
accused No.1 in committing the alleged offence. Therefore, they
pray to dismiss the petition.
6. Upon considering the FIR, complaint, and charge
sheet materials, it is seen that the petitioner is not named as an
accused in the FIR. However, in the charge sheet, the petitioner
has been shown as accused No.2. The only allegation against the
petitioner is that she introduced accused No.1 to the victim. The
allegation against the petitioner is that she helped accused No.1
to commit the alleged offence.
7. It is also noted that the petitioner is a woman and, as
submitted by the learned counsel for the petitioner, she has two
minor children and there is nobody in the house to look after
them. Therefore, there are no chances of the petitioner
absconding. Hence, considering the facts and circumstances of
the case and the nature of the allegations, this Court is of the
opinion that the petitioner has made out a prima facie case for
grant of anticipatory bail.
8. Accordingly, the following:
ORDER
i. The petition is allowed.
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ii. The appellants/accused No.2 is enlarged on bail in
the event of their arrest in Hansabavi P.S.Crime
No.100/2025 registered for the offences punishable
under Sections 64(2)(m), 351(2) and 49 of BNS
2023 pending on the file of Prl.Civil Judge and JMFC,
Hirekerur, Haveri, subject to the following conditions:
a. The petitioner shall appear before the trial
Court and shall seek for bail within ten days
from the date of receipt of a copy of this order.
b. The petitioner execute a personal bond for a
sum of Rs.1,00,000/- along with one surety for
the like sum to the satisfaction of the Trial
Court.
c. The petitioner shall not indulge in the same
offence or any other criminal cases, till
completion of the trial.
d. The petitioner shall not leave the jurisdiction of
the Trial Court without prior permission of the
Court.
e. The petitioner shall not tamper and threaten
the prosecution witnesses in any manner.
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f. The petitioner shall mark her attendance before
the concerned police station on every Saturday
between 11.00 a.m. to 02.00 p.m.
g. The petitioner shall attend the Court regularly
during the trial without fail. If not attend for
consecutive two times, it entails cancellation of
bail.
h. Violation of any one of the conditions would
entitle the prosecution to seek for cancellation
of bail.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
ASN /CT-AN
List No.: 1 Sl No.: 36
