The Karnataka High Court has granted anticipatory bail to Aishwarya @ Ishwarya, daughter of BJP Tumakuru Rural MLA B Suresh Gowda, in a case concerning the alleged assault of a woman police sub-inspector at a temple in Mandya district [Aishwarya v. State of Karnataka].
Justice S Vishwajith Shetty passed the order on September 22, allowing Aishwarya's plea.
The case relates to an alleged incident on August 12 at Marramma Temple at Arathi Ukkada, within the jurisdiction of Kyathanahalli Police Station in Mandya.
The Court noted that the petitioner was the daughter of an MLA and that her husband was a serving Deputy Superintendent of Police. It also took note of the fact that she was a married woman with minor children. It further recorded that the material placed before it prima facie indicated that Aishwarya and her father had publicly tendered an unconditional apology in connection with the incident.
“The maximum punishment for the alleged offences is imprisonment for a period of two years. Petitioner who has no other criminal antecedents, has undertaken to cooperate with the police for the purpose of investigation," the Court said.
The Court directed Aishwarya to appear before the investigating officer within 15 days and execute a personal bond of ₹1 lakh with two sureties of the like sum.
The complaint was filed by Savitha B Police Patil, a sub-inspector attached to the Women Police Station, Mandya, who was deployed for duty at the temple when the petitioner arrived along with two others for darshan. Patil alleged that one of the persons accompanying Aishwarya attempted to enter the garbhagudi and that when she tried to restrain him, Aishwarya abused her and slapped her on the cheek.
A first information report (FIR) was registered for offences under Sections 132, 115(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023.
Senior Advocate Sandesh Chouta, appearing for Aishwarya, submitted that the incident had occurred in the spur of the moment and that the alleged assault was not intentional.
[Read Judgment]