- 1 - NC: 2025:KHC:16922 CRL.P No. 3532 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.3532 OF 2025 BETWEEN: KAVYA W/O NINGARAJA AGED ABOUT 23 YEARS R/AT DURGAMBIKA CAMP DAVANGERE TALUK AND DISTRICT - 577003. …PETITIONER (BY SRI. CHAKRAVARTHY T.S. ADV.,) AND: STATE OF KARNATAKA BY HADADI POLICE STATION DAVANAGERE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE -560001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) - - - THIS CRL.P IS FILED U/S 439 OF CR.P.C. (U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL IN CR.NO.81/2023 IN HADADI P.S., DAVANAGERE AND NOW RENUMBERED AS SC.NO.128/2023, PENDING BEFORE HONBLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT DAVANAGERE, FOR THE OFFENCE P/U/S 302, 201, 120B R/W 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:16922 CRL.P No. 3532 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in S.C.No.128/23 pending before the Court of II Additional District and Sessions Judge, Davanagere arising out of Crime No.81/2023 registered by Hadadi Police Station, Davanagere for the offences punishable under Sections 302, 201, 120B read with 34 of Indian Penal Code, 1860, is before this Court under Section 439 of the Criminal Procedure Code, 1973, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.81/2023 was registered by Hadadi Police Station against the petitioner and another based on the first information received on 10.06.2023 from one Shivalingamma, mother of deceased Ningaraja. During the course of investigation, petitioner herein was arrested on 11.06.2023 and after completion of the investigation, charge sheet came to be filed and the petitioner was arrayed as accused No.2 in the charge sheet. Bail application filed before the Sessions Court in S.C.No.128/2023 was rejected on 09.12.2024. Therefore, she is before this Court. - 3 - NC: 2025:KHC:16922 CRL.P No. 3532 of 2025 4. A perusal of the material on record would go to show that the entire case of prosecution is based on circumstantial evidence. The petitioner was married to the deceased Ningaraja and in the charge sheet, it is alleged that the petitioner had illicit relationship with accused No.1 Beeresha. It is under the said circumstances the accused Nos.1 and 2 allegedly conspired to commit the murder of Ningaraja and on the intervening night of 09.06.2023 and 10.06.2023, accused No.1 allegedly came to the house of the petitioner who opened the door of the house and allowed him to come inside the house. Thereafter, accused Nos.1 and 2 allegedly committed the murder of Ningaraja who was sleeping inside the house by assaulting him with a rod on his head. The petitioner who is a lady aged about 23 years, is in the custody for the last about 1 year 9 months. The material on record would go to show that before the Trial Court, the material charge sheet witnesses have been already examined by the prosecution. It is informed to this Court that till date 16 witnesses have been examined as PW-1 to PW-16 before the Trial Court out of the 52 charge sheet witnesses cited by the prosecution. Therefore, - 4 - NC: 2025:KHC:16922 CRL.P No. 3532 of 2025 the chances of trial being completed and the case being disposed of on merits, in the near future, is very remote. 5. Considering the nature of allegation as against the petitioner and also having regard to the first proviso to Section 437(1) of the Cr.P.C., I am of the view that the prayer made by the petitioner who is a lady aged about 23 years for grant of regular bail needs to be answered in the affirmative considering the period of her incarceration, without expressing any opinion on the merits and demerits of the case. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.128/2023 pending before the Court of II Additional District and Sessions Judge, Bangalore arising out of Crime.No.81/2023 registered by Hadadi police station, Davanagere District for the offences punishable under Sections 302, 201, 120B read with 34 of IPC, 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; - 5 - NC: 2025:KHC:16922 CRL.P No. 3532 of 2025 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 of. Sd/- (S VISHWAJITH SHETTY) JUDGE RV List No.: 2 Sl No.: 3