- 1 - NC: 2025:KHC:15455 CRL.P No. 4208 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4208 OF 2025 BETWEEN: RASHMI D.S D/O SIDDAIAH AGED ABOUT 28 YEARS R/O. DALAVAYI KODIHALLI VILLAGE, HALAGURU HOBLI MALAVALLI TALUK MANDYA DISTRICT - 521 111. …PETITIONER (BY SMT. RAKSHA KEERTHANA K, ADV., FOR SRI KEMPARAJU, ADV.) AND: STATE OF KARNATAKA BY HALAGURU POLICE STATION REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL IN CR.NO.130/2024 IN S.C.NO.116/2024 OF THE RESPONDENT POLICE FOR THE ALLEGED OFFENCE P/U/S 61(2),103,109,118(2) R/W 3(5) PENDING ON THE FILE OF II ADDL.DISTRICT AND SESSION JUDGE MANDYA DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15455 CRL.P No. 4208 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in SC No.116/2024 pending before the Court of II Addl. District and Sessions Judge, Mandya, arising out of Crime No.130/2024 registered by Halagur Police Station, Mandya, for the offences punishable under Section 61(2), 103, 109, 118(2) and 3(5) of BNS, 2023, are 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.130/2024 was registered by Halagur Police Station, Mandya, initially for the offences punishable under Sections 103 and 109 of BNS, 2023, against Seven Sanju based on the first information dated 31.07.2024 received from Siddaraju, who is the alleged eye witness to the incident in question that had taken place on 31.07.2024. During the course of investigation, petitioner herein was arrested on 01.10.2024 and subsequently, remanded to judicial custody. After completion of investigation, police have filed charge sheet against five persons and petitioner is arraigned as accused No.1 in the charge sheet. Her bail application filed before the Trial - 3 - NC: 2025:KHC:15455 CRL.P No. 4208 of 2025 Court in SC No.116/2024 was rejected on 21.02.2025. Therefore, she is before this Court. 4. A perusal of the material on record would go to show that petitioner and CW2 Vinodkumar were in love earlier and petitioner allegedly had filed a police complaint against CW2 in Crime No.41/2020 alleging that with an assurance of marrying her, he had sexual intercourse with her. It appears that she also had initiated another criminal case against him in Crime No.45/2024 which was registered by Halaguru Police Station. It is alleged that petitioner had vengeance against CW2 Vinodkumar and therefore, she had contacted accused No.3 and had given him supari to commit the murder of CW2 Vinodkumar. In furtherance of such conspiracy, accused No.3 allegedly had contacted his friends accused Nos.2, 4 and 5 and on the alleged date of incident, accused No.2 armed with a knife assaulted CW2 Vinodkumar when he was along with his friend Kantharaju. After seeing accused No.2 assaulting CW2 Vinodkumar, Kantharaju tried to intervene and accused No.2 allegedly assaulted Kantharaju with a knife on his neck and as a result, Kantharaju had died at the spot. Thereafter, accused No.2 had escaped from the spot along with accused No.5 in a - 4 - NC: 2025:KHC:15455 CRL.P No. 4208 of 2025 motor bike. From the aforesaid aspects of the matter, it is apparent that petitioner has nothing to do with the murder of Kantharaju and even as per the charge sheet, her conspiracy with accused No.3 was to commit the murder of CW2 Vinodkumar. CW2 has suffered simple injuries in incident in question as a result of assault made by accused No.2. Petitioner is a lady aged about 28 years. Learned counsel for the petitioner has submitted that she is an engineering graduate. Considering the aforesaid aspects of the matter and also having regard to the Proviso to Section 480 of BNSS, 2023, the prayer made by the petitioner 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 SC No.116/2024 pending before the Court of II Addl. District and Sessions Judge, Mandya, arising out of Crime No.130/2024 registered by Halagur Police Station, Mandya, for the offences punishable under Section 61(2), 103, 109, 118(2) and 3(5) of BNS, 2023, subject to the following conditions: - 5 - NC: 2025:KHC:15455 CRL.P No. 4208 of 2025 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; 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