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2025 DAILYLAW 21269 (KAR)

SMT. UMADEVI K.S v. STATE OF KARNATAKA

CRL.P/4230/2025 · 2025-04-07

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:14789 CRL.P No. 4230 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4230 OF 2025 BETWEEN: SMT. UMADEVI K.S. W/O RAJESH AGED ABOUT 24 YEARS R/AT KALLUPALYA VILLAGE SIRIVARA MAJIRE AND POST HEBBURU HOBLI TUMKUR TALUK AND DISTRICT - 572 120. …PETITIONER (BY SRI MANJUNATH S, ADV.) AND: STATE OF KARNATAKA BY HEBBURU POLICE STATION HEBBUR, TUMAKURU KUNIGAL ROAD TUMKUR DISTRICT - 572 120 REPRESENTED BY SPP HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO ENLARGE HER ON REGULAR BAIL IN CRIME NO.201/2024 REGISTERED BY HEBBUR POLICE STATION, TUMAKURU FOR THE OFFENCES ALLEGED AGAINST THE PETITIONER U/S.103(1) AND 238 OF BNS, PENDING BEFORE THE II ADDL. DISTRICT AND SESSIONS JUDGE IN S.C.NO.37/2025. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14789 CRL.P No. 4230 of 2025 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 in Crime No.201/2024 registered by Hebbur Police Station, Tumakuru, for the offences punishable under Sections 103(1) and 238 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.201/2024 was registered by Hebbur Police Station, Tumakuru, against petitioner herein initially for the offence punishable under Section 103(1) of BNS, 2023, based on the first information dated 24.10.2024 received from Chikkamma, who is the daughter of deceased Kempamma. During the course of investigation, petitioner herein was arrested on 24.10.2024 and subsequently, remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed for the aforesaid offences. Bail application filed by her before the jurisdictional Sessions Court in Crl.Misc.No.264/2025 was rejected on 01.03.2025. Therefore, she is before this Court. - 3 - NC: 2025:KHC:14789 CRL.P No. 4230 of 2025 4. A perusal of the material on record would go to show that deceased is the mother-in-law of the petitioner. The allegation in the charge sheet against the petitioner is that she had fought with her husband/CW3 - Rajesh on 22.10.2024 in the house of deceased Kempamma. On 23.10.2024, petitioner had quarreled with her mother-in-law Kempamma on the ground that she was the reason for the quarrel with her husband on 22.10.2024. It is alleged that petitioner had assaulted her mother-in-law Kempamma with a stick used for the purpose of cooking ragi balls and CW2 Yashodamma who came to the spot had rescued Kempamma and thereafter, Kempamma was taken to Hospital by CW3 to CW5 and CW 17 and Kempamma who was given first aid in the said Hospital was thereafter taken to Tumkur District Government Hospital and on the same day, she had returned home and after having food, she had slept in her house at about 09.30 p.m. On the early hours of 24.10.2024 at about 04.30 a.m. when CW3 tried to wake up Kempamma, he found that Kempamma had died. Post Mortem Report of deceased Kempamma would go to show that death was as a result of shock and hemorrhage due to multiple injuries sustained. The allegation against the petitioner is that she had - 4 - NC: 2025:KHC:14789 CRL.P No. 4230 of 2025 assaulted deceased with a stick used to cook ragi balls on her body and the deceased, who had taken treatment in the Hospital had returned to her house and had slept after consuming food. Considering the aforesaid aspects of the matter 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, who is a married lady, aged about 24 years, having minor children, for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.201/2024 registered by Hebbur Police Station, Tumakuru, for the offences punishable under Sections 103(1) and 238 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 - 5 - NC: 2025:KHC:14789 CRL.P No. 4230 of 2025 Trial Court exempts his 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 him is disposed off. SD/- (S VISHWAJITH SHETTY) JUDGE DN