The LXIII Additional City Civil and Sessions Judge (CCH-64) at Bengaluru, presided over by Sri A.V. Patil, B.Com., LL.B., allowed the anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) in Criminal Miscellaneous No. 3001/2024 on April 4, 2024. The judicial order extended pre-arrest bail protection to Smt. Ashwini N. (Accused No. 1) in connection with Crime No. 55/2023 registered by the Vidyaranyapuram Police Station, Bengaluru. The petitioner faced apprehension of arrest following the completion of the investigation and filing of a charge sheet for alleged offences punishable under Sections 323 (voluntarily causing hurt), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 394 (voluntarily causing hurt in committing robbery), 427 (mischief causing damage), 448 (house-trespass), and 452 (house-trespass after preparation for hurt, assault, etc.) read with Section 34 of the Indian Penal Code (IPC).

Factual Matrix and Prosecution Allegations

The criminal proceedings originated from a police complaint filed regarding a violent intrusion and assault linked to political rivalry:

• Background and Enmity: According to the prosecution, the first informant (CW1) worked as a Personal Assistant (PA) to Sri Ravi, the BJP candidate for the Byatarayanapura Assembly Constituency. Accused No. 1 (Smt. Ashwini N.) worked in the social media section, while Accused No. 2 worked as a photographer. Because Accused Nos. 1 and 2 allegedly extracted work from CW1 and others in a harsh manner, professional friction and enmity developed between Accused No. 1 and CW1.
• Conspiracy and Supari Arrangement: The prosecution alleged that with the intent to teach CW1 a lesson, Accused No. 1 enlisted the assistance of Accused No. 2. Accused No. 2 reportedly engaged his friends (Accused Nos. 3 and 4) by promising money, with Accused No. 1 disbursing cash advances (₹3,500/- in cash and ₹2,000/- via online transfer) in March 2023. Accused No. 2 also provided his sister’s Bajaj Pulsar motorcycle to Accused Nos. 3 and 4 to facilitate the crime.
• House Trespass and Assault: On March 21, 2023, at approximately 11:00 PM, Accused Nos. 3 and 4 arrived on the motorcycle and waited near CW1’s residence. After midnight on March 22, 2023, once CW1 entered his home, Accused Nos. 3 and 4 forcibly trespassed into the house. When CW1 inquired about their presence, they assaulted him on the face, mouth, and forehead using a cattle tool, causing severe bleeding injuries, kicked him into the bathroom, struck his head against a commode, damaged his mobile phone, and robbed ₹20,000/- in cash before fleeing.
• Filing of Charge Sheet: Initially registered against unknown persons without naming the petitioner in the FIR, the Vidyaranyapuram police conducted an investigation, subsequently filing a charge sheet implicating Smt. Ashwini N. as Accused No. 1.

Details of the Petitioner

• Name: Smt. Ashwini N. (Petitioner / Accused No. 1)
• Spouse’s Name: Chandrashekar R.
• Age: About 34 years
• Residential Address: No. 6, V.G. Sonnappa Layout, Virupakshapura, Kodigehalli, Bengaluru City.
• Legal Representation: Sri Manu B.S., Advocate

Submissions Advanced by the Parties

On Behalf of the Petitioner

1. Absence in Initial FIR: The defense pointed out that the petitioner’s name did not figure in the original FIR, and her implication arose only subsequently during the filing of the charge sheet.
2. Principle of Parity: Counsel emphasized that co-accused individuals (Accused Nos. 2 to 4) had already been enlarged on regular bail by the trial court, entitling the petitioner to pre-arrest protection on grounds of parity.
3. Gender Safeguards and Roots: Highlighting that the petitioner is a woman—thereby attracting protective statutory considerations—counsel noted that she is a permanent resident of Bengaluru with local roots and no necessity for custodial detention now that the charge sheet has been filed.

On Behalf of the Respondent (State)

1. Charge Sheet Material: The Public Prosecutor strongly opposed the anticipatory bail plea, arguing that the investigating officer gathered sufficient evidence during the probe to file a charge sheet, which prima facie established the petitioner’s involvement in orchestrating the attack.

Judicial Findings and Legal Reasoning

Judge A.V. Patil evaluated the case papers, charge sheet materials, and rival arguments to record findings on Point No. 1:

1. Completion of Investigation: The court observed that the investigation was already complete and a charge sheet had been filed, rendering custodial interrogation of the petitioner unnecessary.
2. Magistrate Triability and Co-Accused Bail: The court noted that the offences, though non-bailable, are triable by a Magistrate and do not carry capital punishment. Furthermore, because co-accused persons (Accused Nos. 2 to 4) had already secured bail, the petitioner stood on favorable footing.
3. Apprehension of Arrest: Acknowledging the petitioner’s apprehension of arrest under cognizable provisions following the filing of the charge sheet, the court held that her presence for trial could be effectively secured by imposing appropriate conditions.

Final Pre-Arrest Bail Order and Conditions Imposed

Answering Point No. 1 in the affirmative, the Sessions Court allowed the petition filed under Section 438 Cr.P.C. and granted anticipatory bail to Smt. Ashwini N. in connection with Vidyaranyapuram Police Station Crime No. 55/2023.

The court directed that in the event of her arrest by the Investigating Officer, she shall be released on bail upon executing a personal bond for ₹1,00,000/- with one surety for the like sum, subject to the following conditions:

1. Surrender Timeline: The petitioner shall appear before the respondent police within 20 days from the date of the order.
2. No Witness Tampering: She shall not tamper with prosecution witnesses in any manner.
3. Trial Cooperation: She shall appear before the court during the trial and cooperate with the swift disposal of the case.
4. Non-Recidivism: She shall not commit offences similar to the one alleged against her.
5. Identification Proof: She shall furnish an attested copy of her Aadhaar card and present residential address proof to the Investigating Officer.