- 1 - NC: 2025:KHC:5492 CRL.P No. 181 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 181 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: RENUKA @ REKHA GOUDA @ RENUKA BASAVARAJU BANDIWADDAR D/O LATE BASAVARAJU BANDIWADDAR, AGED ABOUT 35 YEARS, R/AT BHAGOJI KOPPA VILLAGE AND POST, RAMADURGA TALUK, BELAGAVI CITY, BELGAUM DISTRICT-590 001. …PETITIONER (BY SRI. BASAVARAJU T.A., ADVOCATE) AND: STATE OF KARNATAKA BY HULIMAVU POLICE STATION, BANGALORE CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR, PUBLIC PROSECUTORS OFFICE, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU-560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C (FILED U/S.483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.348/2023 OF HULIMAVU POLICE STATION, BENGALURU CITY, FOR AN OFFENCE UNDER SECTION 302 OF IPC, WHICH IS PENDING ON THE FILE OF LXI ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-62) AT BENGALURU IN S.C.NO.1923/2023. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5492 CRL.P No. 181 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/sole accused in Cr.No.348/2023 of Hulimavu Police Station, Bengaluru City, has preferred this petition praying to enlarge her on bail. 2. Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 3. Complaint is lodged by one Ganesh, based on which, the aforementioned crime was registered against the petitioner. She was arrested on 5.9.2023 and in judicial custody since then. 4. Brief facts of the case of prosecution are that, petitioner/accused and deceased Javid along with the minor daughter of the petitioner were staying in Room No.202, Akshaya Nagara, 4th Main, 4th Cross, 46 SB - 3 - NC: 2025:KHC:5492 CRL.P No. 181 of 2025 Studio. On 5.9.2023, at about 3.00 p.m., deceased started quarrelling with the accused saying that she is having illicit relationship with some other person. Being enraged, the accused stabbed him on his chest and committed his murder. 5. Petitioner had preferred Crl.P.No.435/2024 before this Court to enlarge her on bail. The said petition was dismissed by this Court on 29.2.2024. While dismissing the petition, it is observed that the petitioner and the deceased were residing together in a flat No.202, which is not seriously disputed and therefore, the petitioner has to explain as to how the deceased suffered stab injuries, and she is required to disclose the fact, which is specifically within her knowledge. Further, the contention of the learned counsel for petitioner that the offence even accepted would fall under Section 304 II of IPC was not accepted and it was observed that it can be considered only during the course of trial. - 4 - NC: 2025:KHC:5492 CRL.P No. 181 of 2025 6. The learned High Court Government Pleader has contended that as per post mortem report, cause of death is due to stab injury sustained to the chest, which shows that the petitioner has stabbed the deceased on the vital part of the body with an intention of murdering him. He, therefore, contended that there is a prima facie case against the petitioner. 7. Learned counsel for the petitioner has drawn the attention of the Court to the statement of one Vijaykumar-CW22, working as an emergency staff nurse at Nano Hospital. His statement would reveal that on 5.9.2023 at about 3.40 p.m., the petitioner herein brought the deceased, who was seriously injured, to the hospital in an autorickshaw, however, the victim was dead by then. Even a perusal of the complaint averments would reveal that the petitioner herself shifted the victim to the hospital. 8. From the above, the learned counsel for the petitioner has tried to contend that if the petitioner had - 5 - NC: 2025:KHC:5492 CRL.P No. 181 of 2025 any intention to commit murder of the deceased, she would not have shifted the victim to the hospital. His contention is that on account of a sudden quarrel and in spur of moment, petitioner might have caused one stab injury to the deceased. 9. Learned counsel for petitioner has further contended that the petitioner is having a minor daughter, who is now under the care of a Non-Governmental Organization (NGO) and her further stay in NGO would cause immense hardship. 10. The learned High Court Government Pleader appearing for the State has submitted on instructions, that petitioner’s minor daughter is under the care and custody of one Vatsalya Makkala Mandira since 3.10.2023. 11. It is stated that the child is aged about 10 years. Petitioner is none other than the mother of the child. She was arrested on 5.9.2023 and in custody since then. She being a woman and having regard to the fact - 6 - NC: 2025:KHC:5492 CRL.P No. 181 of 2025 that she is having a minor daughter and also considering that charge sheet is already filed, the relief sought in the petition, can be granted by imposing necessary conditions. Hence, the following: ORDER I. Petition is allowed. II. Petitioner accused in Crime No.348/2023 of Hulimavu Police Station, Bengaluru, pending on the file of Court of the LXI Additional City Civil and Sessions Judge, Bengaluru, in S.C.No.1923/2023, shall be enlarged on bail, subject to following conditions: 1. She shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only), with one surety for the likesum to the satisfaction of the jurisdictional Court. 2. She shall furnish her residential address and shall inform the Court, if there is change in the address. - 7 - NC: 2025:KHC:5492 CRL.P No. 181 of 2025 3. She shall not directly or indirectly tamper with the prosecution witnesses. 4. She shall not indulge herself in committing any offence. 5. She shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 25 Ct:ar