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2025 DAILYLAW 27592 (KAR)

VARSHA N v. STATE OF KARNATAK BY

CRL.P/7625/2025 · 2025-06-19

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21185 CRL.P No. 7625 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7625 OF 2025 BETWEEN: VARSHA N, D/O NARASIMHAMURTHY K.R, AGED ABOUT 20 YEARS, R/AT KURUBARANETTU, (VALMIKI NAGARA), SULIBELE TOWN, HOSKOTE TALUK, BENGALURU RURAL DISTRICT - 562 159. …PETITIONER (BY SRI. A.S. KULKARNI, ADVOCATE) AND: STATE OF KARNATAK BY SULIBELE POLICE STATION, BENGALURU RURAL DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, PUBLIC PROSECUTOR OFFICE, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21185 CRL.P No. 7625 of 2025 CR.NO.181/2023 OF SULIBELE POLICE STATION, BENGALURU RURAL DISTRICT, FOR AN OFFENCE P/U/S 302, 201, 202 R/W 34 OF IPC, WHICH IS PENDING ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN S.C.NO.219/2024. 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 No.2 in Crl. Misc. No.756/2025 pending before the I Additional District and Sessions Judge, Bangalore Rural District, Bangalore arising out of Crime No.181/2023 registered by Sulibele Police Station, Bangalore for the offence punishable under Sections 302, 201, 202 read with Section 34 of the Indian Penal Code is before this Court under Section 483 of BNSS 2023 seeking regular bail. 2. Heard the learned counsel for the parties. - 3 - HC-KAR NC: 2025:KHC:21185 CRL.P No. 7625 of 2025 3. FIR in Crime No.181/2023 was registered by Sulibele police, Bangalore initially for the offence punishable under Section 302 of IPC against Narasimhamurthy and another based on the first information dated 10.12.2023 received from Smt. Shakunthala - daughter of the deceased. During the course of investigation, the petitioner herein who is the daughter of accused Nos.1 and 2 named in the FIR was arrested on 12.12.2023 and subsequently remanded to Judicial custody. After completing the investigation, charge sheet has been filed against four persons and the petitioner is arrayed as accused No.2 in the charge sheet. The bail application filed by the petitioner herein before the jurisdictional Sessions Court in C.C.No.487/2024 was rejected. Therefore, she had filed Crl.P. No.4179/2024, which was rejected on 22.08.2024 by the coordinate bench of this Court reserving liberty to the petitioner to file fresh petition before the Trial Court after examination of the material witnesses is completed. Thereafter, the petitioner has filed Crl.Misc. No.756/2025 before the Court of I Additional District and Sessions Judge, Bangalore Rural District, Bangalore, which was rejected on 22.05.2025. Therefore, she is before this Court. - 4 - HC-KAR NC: 2025:KHC:21185 CRL.P No. 7625 of 2025 4. Learned counsel for the petitioner submits that the case of the prosecution is based on the circumstantial evidence. Petitioner aged 19 years was studying in 1st year of Engineering course when she was arrested in the present case. Material charge sheet witnesses are already examined. Accused No.4 has been granted regular bail by this Court. Accordingly, she prays to allow the petition. 5. Per contra, the learned High Court Government pleader who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner. 6. FIR in the present case was initially registered against the parents of the petitioner herein based on the first information submitted by Smt. Shakunthala, who is the daughter of the deceased and elder sister of accused No.1 named in the FIR namely Narasimhamurthy. During the course of investigation, the petitioner herein was arrested on 12.12.2023. Since then, she is in judicial custody. The allegation in the charge sheet about assaulting the deceased is against accused No.1 - Bhagyamma who is the mother of - 5 - HC-KAR NC: 2025:KHC:21185 CRL.P No. 7625 of 2025 accused Nos.2 and 3 and wife of accused No.4 Narasimha Murthy. Accused No.1 - Bhagyamma is in custody. Petitioner aged about 19 years was studying her 1st year of engineering as on the date of her arrest. She has been in custody for more than one year six months. Material charge sheet witnesses have already been examined. The apprehension that petitioner may tamper with other charge sheet witnesses can be taken care of by imposing appropriate conditions. 7. Considering the aforesaid aspects of the matter and having regard to the proviso to Section 483 of BNSS, 2023, I am of the opinion that the prayer made by the petitioner for grant of bail needs to be answered affirmatively. Accordingly, the following: ORDER The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.181/2023 registered by Sulibele Police Station, Bangalore for the offence punishable under Sections 302, 201, 202 read with Section 34 of the Indian Penal Code, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC:21185 CRL.P No. 7625 of 2025 a) 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; 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 SNC List No.: 2 Sl No.: 3 CT: BHK