- 1 - NC: 2025:KHC:14353 CRL.P No. 2048 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2048 OF 2025 BETWEEN: SMT. RASHMI, W/O MANJUNATHA S, AGED ABOUT 33 YEARS, RESIDING AT NO.80, 1ST MAIN ROAD, 3RD CROSS, DODDANNA LAYOUT, ANDHAHALLI MAIN ROAD, BENGALURU -560 079. …PETITIONER (BY SRI. MAHENDRA G, ADVOCATE) AND: THE STATE OF KARNATAKA BYADARAHALLI POLICE STATION BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; SRI. HARISH B.S, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL IN CRL.MISC.NO.27/2025 IN S.C.NO.63/2024 PENDING ON THE FILE OF VI ADDL.DISTRICT AND SESSIONS JUDGE BENGALURU RURAL DISTRICT AT BENGALURU FOR THE OFFENCE P/U/S 302, 201, 203, 450 R/W 34 OF IPC IN CONNECTION WITH CR.NO.848/2023 REGISTERED BY THE BYADARAHALLI P.S. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:14353 CRL.P No. 2048 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.63/2024 pending before the Court of VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.848/2023 registered Byadarahalli Police Station, Bengaluru City, for offences punishable under Sections 302, 201, 203, 450 read with Section 34 of IPC is before this Court in this successive bail petition filed under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.848/2023 was registered by Byadarahalli Police Station, Bengaluru City, initially for the offences punishable under Sections 302, 201 and read with Section 34 of IPC against petitioner and two others based on the first information dated 14.10.2023 received from Manjunath S/o deceased Smt.Lakkamma. 4. During the course of investigation of the case, accused No.1 who is the wife of first informant was - 3 - NC: 2025:KHC:14353 CRL.P No. 2048 of 2025 arrested on 15.10.2023 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against three persons. Petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.27/2025 was rejected on 22nd January, 2025. Therefore, she is before this Court. 5. Learned Counsel for the petitioner submits that earlier bail application filed by the petitioner before this Court in Crl.P.No.4076/2024 was dismissed as withdrawn with liberty to file a fresh bail application, after examination of material charge sheet witnesses is completed before the trial Court. Material charge sheet witnesses who are examined before the trial Court as P.W- 1 to P.W-4, have not supported the case of the prosecution. Petitioner who is a married lady is in custody for the last nearly one and half year. Accordingly, he prays to allow this petition. - 4 - NC: 2025:KHC:14353 CRL.P No. 2048 of 2025 6. Per contra, learned HCGP has opposed the petition. 7. Perusal of the material on record would go to show that mother of the first informant Manjunatha (C.W-1) Smt.Lakkamma was found dead in their house on 05.10.2023 and her body was cremated on 06.10.2023. First information is belatedly filed by Manjunatha on 14.10.2023 based on which FIR was registered against petitioner and two others. Petitioner was arrested in this case on 15.10.2023 and ever since then she is in custody. Before the trial Court C.W-1 has been examined as P.W-1 and Raghavendra (C.W-2) who was the person who had informed C.W-1 about the crime committed by the accused persons has been examined as P.W-2 and two other material charge sheet witnesses have been examined before the trial Court as P.W-3 and P.W-4. P.W-1 to P.W-4 have turned hostile to the case of the prosecution and though, they are cross-examined by the Public Prosecutor, nothing material has been elicited from their mouth, which is incriminating as against the accused - 5 - NC: 2025:KHC:14353 CRL.P No. 2048 of 2025 persons. Petitioner who is a married lady aged about 33 years having no criminal antecedents is in custody for the last more than one and half year. Considering the aforesaid aspects of the matter and also having regard to the proviso to Section 437 of Cr.PC, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.63/2024 pending before the Court of VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.848/2023 registered Byadarahalli Police Station, Bengaluru City, for offences punishable under Sections 302, 201, 203, 450 read with Section 34 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One - 6 - NC: 2025:KHC:14353 CRL.P No. 2048 of 2025 Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts her appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against her is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 43 CT: BHK