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Judgment
Accused no.2 in Crime No.108 of 2024 registered by Chikkaballapura Town Police Station, Chikkaballapura District, for the offences punishable under Sections 181, 187, 197, 200, 205, 209, 210, 419 & 420 of IPC is before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail.
FIR in Crime No.108 of 2024 was registered by Chikkaballapura Town Police Station, Chikkaballapura District initially for the offences punishable under Sections 419, 465 & 193 of IPC against Purushotham Rao and others, based on the first information dated 23.10.2024 received from Sri Mahaboob Sharif, Chief Administrative Officer, Principal District & Sessions Court, Chikkaballapura. Apprehending arrest in the said case, the petitioner who is arraigned as accused no.2 in charge sheet had filed Crl.Misc.No.334 of 2026 before the jurisdictional Sessions Court which was rejected on 06.07.2026. Therefore, she is before this Court.
Perusal of the material on record would go to show that, accused no.1 - Purushotham Rao had filed P & SC No.68 of 2023 before the Court of Principal District Judge, Chikkaballapura and in the said petition, one Smt. Tara Bai, who is said to be a relative of accused no.1 was arraigned as respondent no.3. It appears that Tara Bai had expired on 06.04.2016 and petitioner herein allegedly has received court notice on behalf of Smt. Tara Bai on 10.04.2024. After it was brought to the notice of the concerned Court that Smt. Tarabai had died on 06.04.2016, a complaint was filed alleging that proceedings were initiated against a dead person and on behalf of the dead person, court notice was received by the petitioner herein.
Accused no.1 has been granted anticipatory bail by this Court in Criminal Petition No.10251 of 2026 disposed of on 12.08.2026. Whether the accused no.1 had deliberately filed P & SC petition against a dead person is question to be considered in full-fledged trial. Merely for the reason that Court notice was received by the petitioner it cannot be said that she had received the same with malafide intention.
The petitioner is a lady aged 59 years. She has no criminal antecedents. Accordingly, the following:
ORDER
The Criminal Petition is allowed.
The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of her arrest in Crime No.108 of 2024 registered by Chikkaballapura Town Police Station, Chikkaballapura District, for the offences punishable under Sections 181, 187, 197, 200, 205, 209, 210, 419 & 420 of IPC, subject to the following conditions:
The petitioner shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.
The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
The petitioner shall not tamper with the prosecution witness and she shall co-operate with the Police for investigation and appear before them whenever called upon.
The petitioner shall not involve in similar offences in future.