Aishwarya @ Ishwarya receives bail under new legal provisions following a public apology and absence of prior criminal record.
In a significant legal development, the Karnataka High Court has granted anticipatory bail to Smt. Aishwarya @ Ishwarya in a case involving an alleged assault on a woman police officer. The incident occurred when Aishwarya, along with others, visited the Marramma Temple in Mandya District on August 12, 2026, and reportedly slapped the officer who was on duty.
The petition for anticipatory bail was heard by Justice S Vishwajith Shetty. Represented by Senior Counsel Sri Sandesh J Chouta, Aishwarya's defense argued that the incident was spontaneous and unintentional. It was further highlighted that Aishwarya, a married woman with minor children and no criminal history, had publicly apologized for the incident.
The High Court considered several factors in its decision, including the maximum penalty for the charges under the Bharatiya Nyaya Sanhita, 2023, which is imprisonment for up to two years. The Court acknowledged Aishwarya's willingness to cooperate with the investigation and her public apology, determining that these factors justified the grant of anticipatory bail.
The order stipulates that Aishwarya must appear before the investigating officer within 15 days, execute a personal bond of Rs.1,00,000 with two sureties, and commit to regular court appearances. Additionally, she is required not to interfere with witnesses or engage in similar offenses in the future.
This ruling marks a notable application of the Bharatiya Nagarik Suraksha Sanhita, 2023, specifically under Section 482, in affirming anticipatory bail under conditions that balance the interests of justice with the accused's cooperation and apology.
Bottom Line :
Anticipatory bail granted under Section 482 of BNSS, 2023 in a case under Sections 132, 115(2), 352, 351(2) of BNS, 2023, considering that the alleged incident occurred in a spur of the moment, the accused had no criminal antecedents, had tendered public unconditional apology, had undertaken to cooperate with investigation, and the maximum punishment prescribed was two years.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482, Bharatiya Nyaya Sanhita, 2023 Sections 132, 115(2), 352, 351(2)
Smt. Aishwarya @ Ishwarya v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2989311
