- 1 - NC: 2025:KHC:10056 CRL.P No. 2908 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2908 OF 2025 BETWEEN: SMT. HARSHITHA M.S W/O LATE PRAKASH JAMADAR AGED 24 YEARS R/AT MALLEKAVU VILLAGE CHANNARAYADURGA HOBLI KORATEGERE TALUK TUMAKURU DISTRICT TUMAKURU - 572 179. …PETITIONER (BY SRI HARI PRASAD N, ADV.) AND: STATE BY KORATEGERE POLICE STATION TUMAKURU DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA, ADDL. SPP A/W SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HER ON BAIL IN CRIME NO.220/2024 (C.C.NO.775/2024) FOR THE OFFENCE PUNISHABLE UNDER SECTION 103, 61, 190, 351(2) OF BNS, 2023, OF BHARATIYA NYAYA SANHITA, 2023, ON THE FILE OF KORATEGERE POLICE STATION, TUMAKURU, PENDING ON THE Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10056 CRL.P No. 2908 of 2025 FILE OF CIVIL JUDGE AND JMFC COURT, KORATEGERE, TUMAKUR DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 in Crime No.220/2024 registered by Koratagere Police Station, Tumakuru, for the offences punishable under Sections 103, 61, 190 and 351(2) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.220/2024 was registered by Koratagere Police Station, Tumakuru, initially for the offence punishable under Section 103 of BNS, 2023, against Govindaraju and two others. Petitioner is arraigned as accused No.2 in the FIR. During the course of investigation, petitioner was arrested on 31.07.2024 and remanded to judicial custody. Bail application filed by her before the jurisdictional Sessions Court in Crl.Misc.No.5314/2024 was rejected on 28.11.2024. Therefore, she is before this Court. - 3 - NC: 2025:KHC:10056 CRL.P No. 2908 of 2025 4. Learned counsel for the petitioner submits that accused Nos.4 and 5 have been granted regular bal by this Court. Petitioner is a lady aged about 24 years and has no other criminal antecedents. The entire case of the prosecution is based on circumstantial evidence. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. 6. The material on record would go to show that initially UDR case was registered and after post mortem report of the deceased was obtained, FIR was registered against accused Nos.1 to 3 on suspicion. In the charge sheet which is now filed after investigation, it is alleged that accused No.1 had assaulted the deceased with deadly weapon and accused Nos.2 to 6 had caught hold of the deceased so as to enable accused No.1 to commit the murder of deceased. Accused Nos.4 and 5 as against whom similar allegations are found have been granted regular bail by this Court in Crl.P.No.261/2025 C/w Crl.P.No.314/2025. The entire case of the prosecution is based - 4 - NC: 2025:KHC:10056 CRL.P No. 2908 of 2025 on circumstantial evidence. Under the circumstances, 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:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.220/2024 registered by Koratagere Police Station, Tumakuru, for the offences punishable under Sections 103, 61, 190 and 351(2) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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; - 5 - NC: 2025:KHC:10056 CRL.P No. 2908 of 2025 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 DN