Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11754 CRL.P No. 3064 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3064 OF 2025 BETWEEN:
SMT. PREMA W/O RAMANJUNAPPA M.H (AS PER BAIL REJECTED ORDER) AGED ABOUT 27 YEARS R/AT NO.310, 3RD CROSS VINAYAKANAGARA, KAREKALLU BAGALAGUNTE, BENGALURU - 560 073. …PETITIONER (BY MS. RAKASHA KEERTHANA, ADV., FOR SRI KEMPARAJU, ADV.) AND:
STATE OF KARNATAKA BY BAGALAGUNTE POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COPLEX BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL ON CRIME NO.231/2024 (C.C NO. 28351/2024) AND IN S.C NO. 1256/2024 OF THE RESPONDENT BAGALAGUNTE POLICE STATION, FOR THE ALLEGED O/P/U/S 302, 504 OF IPC, PENDING ON THE FILE OF HONBLE LVI ADDITIONAL CITY CIVIL AND SESSIONS JUGE (CCH- 56), AT BANGALORE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NANDINI D Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:11754 CRL.P No. 3064 of 2025
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused in S.C.No.1256/2024 pending before the Court of LVI Addl. City Civil & Sessions Judge, Bengaluru City, arising out of Crime No.231/2024 registered by Bagalagunte Police Station, Bengaluru City, for the offences punishable under Sections 302, 504 of IPC, 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.231/2024 was registered by Bagalagunte Police Station, Bengaluru City, for the offence punishable under Section 302 of IPC against the petitioner herein on the basis of the first information dated 12.06.2024 received from M.H.Narasimhamurthy - brother of deceased Ramanjinappa. During the course of investigation of the case, petitioner was arrested on 12.06.2024 and remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed for the aforesaid offences. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.
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NC: 2025:KHC:11754 CRL.P No. 3064 of 2025
Misc. No.11233/2024 which was rejected on 30.12.2024. Therefore, she is before this Court.
4.
Learned Counsel for the petitioner having reiterated the grounds urged in the petition, has prayed to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that CW-2 & CW-3 who are the minor children of the petitioner are the eye-witnesses to the incident in question. 6. Perusal of the material on record would go to show that petitioner was married to deceased Ramanjinappa about 15 years prior to the alleged date of incident. It is alleged that Ramanjinappa was a chronic drunkard and he was in the habit of abusing his wife. It is also alleged that Ramanjinappa did not give any money to his wife for the maintenance of the family and he also suspected the character of his wife. It is alleged that petitioner had earlier informed to CW-1 - Narasimhamurthy that she will eliminate the deceased. 7. On 11.06.2024 at about 5.30 p.m., Ramanjinappa after coming home had quarreled with his wife and started assaulting her stating that she had relationship with somebody. Petitioner,
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NC: 2025:KHC:11754 CRL.P No. 3064 of 2025
who got enraged, allegedly took a knife and assaulted Ramanjinappa on his neck, and as a result, Ramanjinappa fell down, and thereafter she had shifted him to Sapthagiri Hospital for treatment. However, injured Ramanjinappa had breathed his last at about 6.26 p.m. in the hospital. 8. Petitioner is a lady aged about 27 years and she has got two minor children aged about five and seven years, who are required to be taken care of. Petitioner's minor children cited as CW-2 & CW-3 are the alleged eye-witnesses to the incident in question. Considering the nature of allegations found against the petitioner in the charge sheet and also having regard to the proviso to Section 480 of BNSS, 2023, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:
9. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.1256/2024 pending before the Court of LVI Addl.
City Civil & Sessions Judge, Bengaluru City, arising out of Crime No.231/2024 registered by Bagalagunte Police
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NC: 2025:KHC:11754 CRL.P No. 3064 of 2025
Station, Bengaluru City, for the offences punishable under Sections 302, 504 of IPC, subject to the following conditions: a) Petitioner shall execute 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; 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
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