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Karnataka High Court
Devamma vs The State Of Karnataka on 5 May, 2026
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NC: 2026:KHC-K:3824
CRL.P No. 200628 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
CRIMINAL PETITION NO. 200628 OF 2026
(438(Cr.PC)/482(BNSS))
BETWEEN:
DEVAMMA
W/O HANAMANTH ITAGI,
AGED ABOUT 55 YEARS,
OCC: HOUSE HOLD,
R/AT: BEVINAHALLI VILLAGE,
TQ: SHAHAPUR,
DIST: YADGIRI-585 223.
...PETITIONER
(BY SRI. BASAVARAJ C. JAKA, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH SHAHAPUR POLICE STATION,
DIST. YADGIRI,
Digitally signed NOW REPRESENTED BY
by SACHIN
Location: HIGH ADDL. SPP, HIGH COURT OF KARNATAKA,
COURT OF KALABURAGI BENCH - 585 107.
KARNATAKA
...RESPONDENT
(BY SRI. JAMADAR SHAHABUDDIN, HCGP)
THIS CRL.P IS FILED UNDER SECTION 482 OF BNSS/438 OF
CR.P.C praying to ALLOW THIS PETITION AND DIRECT THE
RESPONDENT SHAHAPUR POLICE TO RELEASE THE PETITIONER ON
ANTICIPATORY BAIL IN THE EVENT OF HER ARREST IN CRIME
NO.95/2026 REGISTERED BY SHAHAPUR POLICE STATION, DIST
YADGIRI, FOR THE OFFENCE PUNISHABLE U/SEC 115(2), 84, 109,
352, 351(2), R/W SEC 3(5) OF BNS, 2023 PENDING ON THE FILE OF
CIVIL JUDGE AND JMFC (JN.DN) COURT AT SHAHAPUR IN THE
INTEREST OF JUSTICE.
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NC: 2026:KHC-K:3824
CRL.P No. 200628 of 2026
HC-KAR
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
ORAL ORDER
This petition is filed by accused seeking for
anticipatory bail under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) in Crime
No.95/2026 registered by the Shahapur Police Station,
Yadgiri District, for the offences punishable under
Sections 115(2), 84, 109, 352, 351(2) read with
Section 3(5) of Bharatiya Nyaya Sanhita, 2023 [for short,
'the BNS, 2023'].
2. Heard Sri Basavaraj C. Jaka, learned counsel
appearing for the petitioner, Sri Jamadar Shahabuddin,
learned High Court Government Pleader appearing for
respondent- State and perused the records.
3. Sri Basavaraj C. Jaka submits that, as per the
complaint averments, the allegation against the petitioner
is that the petitioner pulled the victim by holding her hair
NC: 2026:KHC-K:3824
HC-KAR
and slapped on her cheek and dragged the victim, except
these allegations, there are no other allegations. The
allegations are against the one Devraj, who alleged to
have stabbed on the left side abdomen of the victim.
Though the crime was registered on 20.04.2026, the
petitioner herein being a lady and the offence alleged
against her are not exclusively punishable either with
death or life imprisonment. However, there is no common
intention could be gathered from the complaint averments.
He further submits that petitioner has approached this
Court directly seeking anticipatory bail on the ground that
the petitioner is a lady and there is apprehension of her
arrest and subjecting her to incarceration. Accordingly, he
prays to allow the petition.
4. Learned High Court Government Pleader
objected orally for grant of anticipatory bail on the ground
that the crime was registered on 20.04.2026 and the
investigation is still under process and in the event, the
petitioner is enlarged on bail, she may threaten the
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HC-KAR
prosecution witnesses and meddle with the investigation.
Accordingly, sought to dismiss the petition.
5. Having considered the rival submissions and
considering the fact that the petitioner being a lady and as
per Section 437 of Cr.P.C/480 of BNS 2023, can be
considered for grant of bail and even the allegations found
against the petitioner is that she pulled the victim by
holding her hair and slapped on her cheek and dragged
the victim, except this there are no other allegations,
which would attract the major offence.
6. Further considering the fact that the
apprehension of the learned High Court Government
Pleader could be saved by imposing stringent conditions.
7. In view of the peculiar facts and circumstances
of the case, without expressing anything on the merits of
the case, this Court is of the opinion that the petitioner is
entitled for anticipatory bail. In view of the same, I
proceed to pass the following:
NC: 2026:KHC-K:3824
HC-KAR
ORDER
The petition filed under Section 482 of BNSS, 2023 is
allowed. The respondent - Police are hereby directed to
release the petitioner on bail in the event of her arrest in
Crime No.95/2026 dated 20.04.2026 registered by the
Shahapur Police Station, Yadgir district for the offences
punishable under Sections 115(2), 84, 109, 352, 351(2)
read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023
on the following conditions:
(i) The petitioner shall appear before the
Investigating Officer within 15 days from
today. On her appearance, the
Investigating Officer shall release her on
anticipatory bail, on petitioner's executing a
personal bond for a sum of Rs.25,000/-
[Rupees Twenty Five Thousand only] with
one surety for the likesum to the
satisfaction of the Investigating Officer.
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HC-KAR
(ii) The petitioner shall co-operate with the
Investigating Officer and be present
whenever summoned for investigation
without fail.
(iii) The petitioner shall mark her attendance on
every alternative Sunday between 11.00
a.m. to 2.00 p.m. till completion of
Investigation and filing of the charge-sheet.
(iv) The petitioner shall regularly appear before
the Trial Court without fail unless exempted
by the Trial Court for valid reasons.
(v) The petitioner shall not tamper or threaten
the prosecution witnesses.
(vi) The petitioner shall not involve in similar
offences in future.
(vii) The petitioner shall file a formal regular bail
application before the concerned Court
within 15 days from the date of her release
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HC-KAR
on anticipatory bail by the Police. The
concerned Court shall consider the bail
application as per the order of this Court.
(viii) The petitioner shall not leave the
jurisdiction of the Sessions Court without
prior permission.
If any of the above conditions are violated,
prosecution will be entitled to seek cancellation of bail.
Ordered accordingly.
Sd/-
(T.M.NADAF)
JUDGE
SN
LIST NO.: 1 SL NO.: 7
CT:VK
