कर्नाटक उच्च न्यायालय ने महिला पुलिस उपनिरीक्षक के साथ मारपीट और बदसलूकी के मामले में भाजपा विधायक की बेटी ऐश्वर्या को अग्रिम जमानत (anticipatory bail) प्रदान की है, क्योंकि मामले में अधिकतम सजा दो वर्ष से अधिक नहीं है और आरोपी का कोई पुराना आपराधिक इतिहास नहीं है।
BENGALURU — The High Court of Karnataka has allowed an anticipatory bail application filed by Aishwarya (alias Ishwarya), the daughter of Bharatiya Janata Party (BJP) Tumakuru Rural Member of Legislative Assembly (MLA) B. Suresh Gowda. The matter pertains to an incident where the accused allegedly verbally abused and slapped a woman Police Sub-Inspector (PSI) who was on official security duty at a temple in Mandya district.
A single-judge bench comprising Justice S. Vishwajith Shetty passed the order in Aishwarya v. State of Karnataka, holding that the petitioner was entitled to pre-arrest relief subject to compliance with specific investigatory conditions and personal undertakings.
Factual Matrix and Allegations
The dispute traces back to an event on August 12, when Aishwarya visited the Marramma Temple located at Arathi Ukkada, falling within the territorial limits of the Kyathanahalli Police Station in Mandya district.
According to the First Information Report (FIR) lodged by the complainant, Savitha B. Police Patil—a Sub-Inspector attached to the Women Police Station in Mandya who was posted at the venue for crowd control and security maintenance—a conflict arose near the sanctum sanctorum (garbhagudi).
The complainant alleged that an individual accompanying Aishwarya attempted to forcefully enter the restricted area of the garbhagudi. When the woman officer intervened to halt the unauthorized entry, Aishwarya confronted her, used abusive language, and slapped her on the cheek in full public view.
Following the incident, the local police registered a case under relevant provisions of the newly enacted Bharatiya Nyaya Sanhita (BNS), 2023. The criminal charges slapped against the petitioner included:
- Section 132: Assault or criminal force to deter a public servant from discharge of their official duty.
- Section 115(2): Voluntarily causing hurt.
- Section 352: Intentional insult with intent to provoke a breach of peace.
- Section 351(2): Criminal intimidation.
Fearing arrest during the pendency of the police investigation, Aishwarya moved the High Court seeking protection under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (corresponding to pre-arrest bail provisions).
Arguments Before the Court
Appearing on behalf of the petitioner, Senior Advocate Sandesh J. Chouta submitted that the charges brought against his client stemmed from a sudden altercated situation without pre-meditated intent. Defense counsel argued that the alleged confrontation transpired in the "spur of the moment" amid temple congestion and lacked malicious intent to obstruct public servants from executing their lawful mandates.
Counsel further highlighted that the petitioner had a clean record with no prior criminal antecedents. He affirmed that she was ready to extend complete cooperation to the investigating agency for questioning or procedural formalities.
Observations and Rationale of the Bench
In evaluating the plea, Justice S. Vishwajith Shetty examined the gravity of the offences, the nature of penalties prescribed under the BNS, and the surrounding social and personal context of the applicant.
- Punishment Threshold: The High Court observed that the maximum statutory sentence attached to the alleged offences does not exceed two years of imprisonment. Given that the offences were not punishable with death or life imprisonment, custodial interrogation was deemed unnecessary at this stage, provided the accused cooperated with the authorities.
- Public Apology on Record: The bench paid close attention to evidentiary material demonstrating that both the petitioner and her father had publicly issued an unconditional apology following the altercation. The Court noted that this gesture reflected remorse and reduced the immediate necessity for preventative detention.
- Personal and Familial Background: The Court recorded that the petitioner is a married woman with minor children, whose husband serves as an active Deputy Superintendent of Police (DySP). Taking into consideration her lack of criminal history and domestic responsibilities, the bench found it appropriate to exercise its discretionary jurisdiction in favor of pre-arrest protection.
Conditions for Pre-Arrest Relief
While allowing the petition and granting anticipatory bail, the High Court imposed strict safeguards to prevent tampering with evidence or interference with witnesses:
- Bond and Sureties: The petitioner must execute a personal bond of ₹100,000 (Rupees One Lakh) along with two sureties of a matching sum to the satisfaction of the Investigating Officer (IO).
- Surrender Timeline: She was directed to appear before the designated Investigating Officer within 15 days from the date of the order to execute the procedural undertakings.
- Cooperation: The petitioner must make herself available for police questioning whenever summoned and refrain from directly or indirectly influencing prosecution witnesses.
Description: BENGALURU — The High Court of Karnataka has granted anticipatory bail to Aishwarya, daughter of BJP MLA B. Suresh Gowda, in a case involving the alleged assault of a woman police officer.
The incident occurred at the Marramma Temple in Mandya, where Police Sub-Inspector Savitha Patil was stationed for security. According to the complaint, Aishwarya verbally abused and slapped the officer when she tried to stop an accompanying visitor from entering the restricted garbhagudi. Police registered an FIR under Sections 132, 115(2), 352, and 351(2) of the Bharatiya Nyaya Sanhita, 2023.
Justice S. Vishwajith Shetty allowed the plea, taking note of the unconditional apologies issued by the petitioner and her father, her clean criminal record, and the statutory maximum sentence of two years.