Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:16292 CRL.P No. 11748 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11748 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN:
SHYLAJA @ SYLAJA K.
D/O KRISHNACHARI, AGED 22 YEARS, R/AT SAJJANA BEEDHI, KORATAGERE TOWN, TUMAKURU DT.-572 129. …PETITIONER (BY SRI. MANJUNATH B.R., ADVOCATE)
AND:
STATE OF KARNATAKA KORATAGERE POLICE STATION TUMAKURU DIST., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY SRI. RAJAT SUBRAMANYA, HCGP)
THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.5019/2022 (CR.NO.40/2022) OF KORATAGERE POLICE STATION, TUMAKURU DISTRICT WHICH HAS BEEN REGISTERED FOR THE OFFENCE PUNISHABLE U/S 302, 201 R/W 34 OF IPC, PENDING ON THE FILE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, SITTING AT MADHUGIRI.
Digitally signed by LAKSHMI T Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:16292 CRL.P No. 11748 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
This is a successive bail petition preferred by accused No.2 praying to enlarge her on bail in S.C.No.5019/2023 pending before IV Additional District and Sessions Judge, Tumkur.
2.
Learned counsel for petitioner has remained absent, though the case was called twice. The matter is being listed for 8th time for compliance of office objections. Inspite of granting sufficient time, objections raised by the Registry are not rectified.
3. Charge sheet is filed against accused Nos.1 and 2 for offences punishable under Section 302, 201 r/w 34 of IPC. Petitioner had earlier preferred Criminal Petition No.2865/2023 before this Court seeking bail. While disposing the said petition, learned Sessions Judge was
directed to expedite the recording of evidence of CW.1.
- 3 -
NC: 2025:KHC:16292 CRL.P No. 11748 of 2024
Further, permitted to file a fresh petition before the Sessions Court.
4. Learned High Court Government Pleader submits that CW.1 was examined as PW.1. The said witness, none other than the sister of the present petitioner has supported the case of prosecution. He further submitted that 18 witnesses are already examined and the trial is in progress.
5. In this case the deceased is none other than the mother of the petitioner. The allegations are that accused No.1 used to visit the house of deceased frequently and he had developed relationship with the petitioner, though they are brother and sister by relation. The said relationship was not accepted by the deceased, hence, both the accused committed her murder. The learned Sessions Judge after considering the
facts and circumstances of the case has rejected the bail petition vide order dated 07.02.2024, holding that there is no
- 4 -
NC: 2025:KHC:16292 CRL.P No. 11748 of 2024
changed circumstances made out by the petitioner and PW.1 to PW.3 have supported the prosecution case.
6. At this stage, I find no changed circumstances to entertain the petition and grant bail to the petitioner. Petitioner is in judicial custody since 16.02.2022. Hence, if the trial is not concluded within a period of 6 months from today, petitioner is at liberty to file a fresh petition before the Sessions Court.
With the above observation, petition is dismissed.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HB List No.: 1 Sl No.: 2 CT:ar