- 1 - NC: 2025:KHC:12061 CRL.P No. 3342 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3342 OF 2025 BETWEEN: VINODHINI @ VINU W/O SHARATH S AGED ABOUT 26 YEARS RESIDING AT NO.506 19TH CROSS, AYAPPA TEMPLE VASANTH NAGAR, BANASWADI BENGALURU - 560 021. …PETITIONER (BY SRI MANJUNATHA H.B, ADV.) AND: THE STATE OF KARNATAKA BY COTTONPET P.S BENGALURU - 560 053 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THEM ON BAIL IN C.C NO.37605/2024 PENDING BEFORE V ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, FOR THE O/U/S 103(1) AND 3(5) OF BNS 2023 REGISTERED BY COTTONPET POLICE STATION IN CRIME NO.0143/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12061 CRL.P No. 3342 of 2025 ORAL ORDER Accused No.3 in Crime No.143/2024 registered by Cottonpet Police Station, Bengaluru City for the offence punishable under Section 103(1) R/w 3(5) of BNS, 2023 is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.143/2024 was registered by Cottonpet Police Station, Bengaluru City against Sharath and three others for the aforesaid offences, on the basis of first information dated 22.08.2024 received from Smt. Anandi, wife of deceased Sharath Kumar. During the course of investigation of the case, the petitioner herein who was arraigned as accused No.3 was arrested and remanded to judicial custody on 27.09.2024. Investigation in the case is complete and charge sheet has been filed against six persons. The petitioner herein is arraigned as accused No.3 in the charge sheet. - 3 - NC: 2025:KHC:12061 CRL.P No. 3342 of 2025 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.274/2025 was dismissed on 27.01.2025. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner submits that the petitioner who is a married lady, aged about 26 years is in custody for the last nearly six months. The allegation against the petitioner is that she had instigated other accused persons to assault deceased Sharath Kumar and commit his murder. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition. 7. In the first information that was submitted by the wife of the deceased Sharth Kumar she has stated that on 21.08.2024 her husband had fought with her and had left the house stating that he was going to the house of his brother Prabhu. Subsequently, the first informant received information from her sister-in-law that her husband - 4 - NC: 2025:KHC:12061 CRL.P No. 3342 of 2025 Sharath was hospitalized. Immediately, the first informant along with her sister-in-law went to the hospital and found her husband who was grievously injured and on verification from her brother-in-law CW.2-Arun, she came to know that accused persons named in the FIR had assaulted her husband and as a result he had suffered injury. Subsequently, the injured Sharath Kumar died in the hospital and thereafter the first informant had approached the police. During the course of investigation, the petitioner herein was arrested on 27.09.2024 and ever since then she is in custody. 8. Investigation of the case is complete and charge sheet is filed. As per the charge sheet allegation, on 22.08.2024 at about 5.30 a.m, when deceased Sharath Kumar and his brother CW.2 were having tea in a tea shop within the jurisdiction of Cottonpet Police Station, accused Nos.1, 2, 3, 4 and 6 also came there to have tea. Deceased Sharath Kumar allegedly abused accused No.3 using filthy language and thereafter there was a quarrel - 5 - NC: 2025:KHC:12061 CRL.P No. 3342 of 2025 between accused No.1, who is the husband of accused No.3 and deceased Sharath Kumar. The deceased Sharath Kumar criminally intimated accused No.3 and therefore accused No.3 allegedly instigated her husband and other accused to commit murder of deceased Sharath Kumar. 9. The allegation in the charge sheet of assaulting deceased Sharath Kumar in the incident that took place thereafter is only as against accused Nos.1, 2 and 4. Accused No.5 allegedly caught hold of deceased Sharath Kumar to enable accused Nos.2 and 4 to assault deceased. The petitioner, who is a married lady aged about 26 years is in custody from 27.09.2024. Investigation in the case is complete and charge sheet has been filed. The petitioner's husband who is arraigned as accused No.1 is also arrested and he is in custody. 10. Considering the aforesaid aspects of the matter, and also having regard to the proviso to Section 480 of BNS, 2023, I am of the opinion that, the prayer made by - 6 - NC: 2025:KHC:12061 CRL.P No. 3342 of 2025 the petitioner for grant of regular bail needs to be answered affirmatively. 11. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in Crime No.143/2024 registered by Cottonpet Police Station, Bengaluru City for the offence punishable under Section 103(1) R/w 3(5) of BNS, 2023, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One 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 his appearance for valid reasons; - 7 - NC: 2025:KHC:12061 CRL.P No. 3342 of 2025 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS