- 1 - HC-KAR NC: 2025:KHC:19843 CRL.P No. 6825 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6825 OF 2025 BETWEEN: JYOTHI K. J W/O LATE PARAMESHWARAPPA AGED ABOUT 38 YEARS R/AT KEREHALLI VILLAGE JODIOCHEHALLI POST KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 175. …PETITIONER (BY SRI HANUMANTHAPPA B HARAVIGOWDAR, ADV.) AND: THE STATE BY KADUR POLICE KADUR POLICE, REPRESENTED BY KARNATAKA STATE PUBLIC PROSECUTOR OFFICE, HIGH COURT BUILDING HIGH COURT, BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP FOR R-1; SRI ABHIRAJ B. CHENGTI, ADV., A/W SRI SHARAN B TADAHAL, ADV. FOR R-2) THIS CRL.P IS FILED U/S.439(FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGED THE PETITIONER ON BAIL IN CR.NO.82/2025 KADURE P.S., ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC AT KADUR (C/C) P/US/ 352,103(1),3(5) OF BNS ACT 2023 SINCE THE PETITIONER IS READY TO ABIDE BY ANY CONDITION TO BE IMPOSED BY THIS HONBLE COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19843 CRL.P No. 6825 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.82/2025 registered by Kadur Police Station, Chikkamagaluru District for offences punishable under Sections 352, 103(1) R/w 3(5) of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.82/2025 was registered by Kadur Police Station, Chikkamagaluru District against the petitioner and her son, based on the first information dated 26.03.2025 received from Sri Kiran C.D, who is the son of deceased C.C. Divakar. During the course of investigation, the petitioner herein was arrested on 26.03.2025 and subsequently remanded to judicial custody. Bail application filed by the petitioner in Crl.Mis.No.152/2025 before the Jurisdictional Sessions - 3 - HC-KAR NC: 2025:KHC:19843 CRL.P No. 6825 of 2025 Court was rejected on 17.04.2025. Therefore, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that the petitioner, who is a widow is in custody for the last more than two months. There is a delay of nearly three weeks in registering the FIR in the present case. He submits that the death is a result of cardiac failure and the petitioner and her son are falsely implicated in the present case for extraneous reasons. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP for respondent No.1 and learned counsel for the defacto complainant have opposed the petition. 6. Learned counsel for the defacto complainant submits that the petitioner is a person with criminal antecedents and another criminal case was registered against her in Crime No.103/2023 for the offences punishable under Sections 504, 323, 324 & 506 of IPC. - 4 - HC-KAR NC: 2025:KHC:19843 CRL.P No. 6825 of 2025 Investigation of the case is under progress. Accordingly, he prays to dismiss the petition. 7. In the first information dated 26.03.2025 which is submitted by the son of deceased Diwakar it is stated that, deceased Diwakar was a RTI activist and also a journalist and about a year back, the petitioner had approached him with a request to help her to change certain revenue entries with regard to her immovable properties and she had agreed to pay Diwakar, after the work is done. It is further averred in the first information that, Diwakar had attended to the work in respect of the petitioner's property and after the work was done he had demand for payment of money, which was refused by the petitioner and on 04.03.2025 at about 2.30 p.m, she came near the house of Diwakar and had quarreled with him. Thereafter, on the same day, at about 6.00 p.m, near KSRTC bus stand at Kadur she and her son, who is arraigned as accused No.2 in the FIR had abused Diwakar and allegedly assaulted him with their hands on his chest, - 5 - HC-KAR NC: 2025:KHC:19843 CRL.P No. 6825 of 2025 head and other parts of the body and thereafter escaped from the spot. It is alleged that Diwakar, who had suffered injury in the incident in question fell down and died at the spot. The police who had arrived to the spot allegedly had made arrangements to shift Diwakar in an ambulance. 8. Perusal of the material on record would go to show that, in respect of the alleged incident that had taken place on 04.03.2025, belatedly first information is submitted on 26.03.2025. Absolutely no reason has been assigned explaining the inordinate delay of three weeks caused in approaching the police. The postmortem report of the deceased Diwakar would reflect that his death was due to cardiac arrest as well as disease of heart and its sequelae. The postmortem report of the deceased does not reflect about any grievous injury on any part of the body of deceased. The petitioner, who is a widow, aged about 38 years is in custody from 26.03.2025. Major portion of the investigation is completed. - 6 - HC-KAR NC: 2025:KHC:19843 CRL.P No. 6825 of 2025 9. 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 for grant of regular bail is required to be answered affirmatively. 10. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.82/2025 registered by Kadur Police Station, Chikkamagaluru District for offences punishable under Sections 352, 103(1) R/w 3(5) of BNS, 2023, subject to the following conditions: a) The 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 his appearance for valid reasons; - 7 - HC-KAR NC: 2025:KHC:19843 CRL.P No. 6825 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; 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 NMS