Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:23929 CRL.P No. 7977 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7977 OF 2025 BETWEEN: BHAGYAMMA W/O LATE GANGARAJU M.R AGED ABOUT 30 YEARS R/AT RAFEEQS SHED KANNAMANGALA VILLAGE MADURAI HOBLI, DODDABALLAPURA - 561 203 PRESENT ADDRESS, KEMANA AGRAHARA VILLAGE, DODDABEAVANGALA HOBLI DODDABALLAPURA TALUK DODDABALLAPURA - 561 203. …PETITIONER (BY SRI SHIVAMMA D, ADV.) AND:
STATE OF KARNATAKA STATE BY DODDABELAVANGALA P.S RPTD BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGING THE PETITIONER IN CR.NO.174/2023 OF DODDABELAVANGALA POLICE, NOW IN S.C NO.10024/2024 PENDING BEFORE THE IV ADDL.DIST AND SESSIONS JUDGE AT DODDABALLAPURA FOR THE O/P/U/S 302 R/W 34 OF IPC.
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
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HC-KAR NC: 2025:KHC:23929 CRL.P No. 7977 of 2025
CORAM:
HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused No.3 in SC No.10024/2024 pending before the Court of IV Addl. District and Sessions Judge, Doddaballapura, arising out of Crime No.174/2023 registered by Doddabelavangala Police Station, Bengaluru District, for the offences punishable under Section 302 read with Section 34 of IPC, is before this Court in this successive bail application filed under Section 439 of Cr.P.C. seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.174/2023 was registered by Doddabelavangala Police Station, Bengaluru District, initially for the offence punishable under Section 302 of IPC against Ravi and petitioner herein based on the first information dated 23.10.2023 received from Jayamma, who is the mother of deceased Gangaraju. During the course of investigation of the case, petitioner herein was arrested on 25.10.2023 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against three
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HC-KAR NC: 2025:KHC:23929 CRL.P No. 7977 of 2025
persons. Petitioner is arraigned as accused No.3 in the charge sheet. Her bail application filed before the jurisdictional Sessions Court was rejected and therefore, she had approached this Court in Crl.P.No.4413/2024 which was dismissed on
21.06.2024. It is under these circumstances, she is before this Court in this successive bail application.
4.
Learned counsel for the petitioner submits that allegation against accused Nos.2 and 3 are similar in the charge sheet. Accused No.2 has been granted regular bail by this Court in Crl.P.No.3598/2025 disposed of on 16.04.2025. Petitioner is a married lady, who is in custody from 25.10.2023. Charges in the case are yet to be framed. Accordingly, she prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition however does not dispute the submission made by learned counsel for the petitioner. 6. Perusal of the material on record would go to show that allegation in the charge sheet is that accused No.1/Ravi who is the brother of deceased Gangaraju, allegedly had illicit
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HC-KAR NC: 2025:KHC:23929 CRL.P No. 7977 of 2025
relationship with the petitioner, who is the wife of deceased Gangaraju. Gangaraju after coming to know about the relationship between accused No.1 and the petitioner, allegedly had quarreled with his brother/accused No.1. It is in this background, accused No.1 allegedly had conspired with other accused to commit the murder of Gangaraju and in furtherance of such conspiracy, on 23.10.2023, accused Nos.1 to 3 came to the house of Gangaraju at about 11.30 a.m. and after quarrelling with him, accused No.2 allegedly pushed him towards ground and accused No.3 allegedly caught hold of his legs and accused No.1 allegedly dropped a grinding stone on his head and committed his murder. 7. The entire case of the prosecution is based on circumstantial evidence. Accused No.2 as against whom similar allegations is found in the charge sheet has been granted regular bail in Crl.P.No.3598/2025 disposed of on 16.04.2025. Petitioner, who is a lady aged about 30 years is in custody from 25.10.2023 onwards. Before the Trial Court, charges in the case are yet to be framed and therefore, the chances of trial being completed in the near future is very remote. Under the
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HC-KAR NC: 2025:KHC:23929 CRL.P No. 7977 of 2025
circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:-
8. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.10024/2024 pending before the Court of IV Addl.
District and Sessions Judge, Doddaballapura, arising out of Crime No.174/2023 registered by Doddabelavangala Police Station, Bengaluru District, for the offences punishable under Section 302 read with Section 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;
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;
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HC-KAR NC: 2025:KHC:23929 CRL.P No. 7977 of 2025
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