- 1 - NC: 2025:KHC:5233 CRL.P No. 13331 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13331 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: AMRUTHA C. D/O LATE SRI. CHANDRASHEKHAR, AGED ABOUT 37 YEARS, CURRENTLY IN JUDICIAL CUSTODY AT: BANGALORE CENTRAL JAIL, PARAPPANNA AGRAHARA, BANGALORE. RESIDENCE IN BANGALORE AS PROVIDED IN THE CHARGE SHEET: NO.16, 9TH CROSS, 2ND BLOCK, AKSHAYA NAGARA, RAMAMURTHY NAGAR, BANGALORE-560 016. …PETITIONER (BY SMT. SAHANA B.V., ADVOCATE) AND: STATE OF KARNATAKA BY K.R.PURAM POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S.439 CR.P.C (FILED U/S.483 BNSS) PRAYING TO ALLOW THIS PETITION AND ORDER THE RELEASE OF THE PETITIONER ON REGULAR BAIL CHARGED WITH OFFENCES Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5233 CRL.P No. 13331 of 2024 IN CR.NO.52/2020 REGISTERED IN K.R.PURAM POLICE STATION AND CURRENTLY PENDING TRIAL IN S.C.NO.68/2021 PUNISHABLE UNDER SECTIONS 302 AND 307 R/W 34 OF IPC PENDING BEFORE LEARNED XXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, AT MAYO HALL COURT (CCH-20), BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.1 in S.C.No.68/2021 pending before the Court of XXVI Additional City Civil and Sessions Judge, Mayohall, Bengaluru has preferred this petition praying to enlarge her on bail. 2. Charge sheet is filed against accused Nos.1 and 2 for offences punishable under Section 302, 307, 212, 201 r/w 34 of IPC. 3. Heard the learned counsel for petitioner, learned Additional SPP for the State and perused the material on record. 4. Brief facts of the case:- petitioner/accused No.1, her mother Smt. Nirmala (deceased) and her - 3 - NC: 2025:KHC:5233 CRL.P No. 13331 of 2024 brother Sri Harish Chandrashekhar (injured) were residing at No.3, 2nd Block, 9th Cross, Akshaya Nagara, Bengaluru. Accused No.2 is the boyfriend of accused No.1. Accused No.1 was falsely claiming that she was working in a company called ‘Symphony’ and her company expected her to work from home for 25 days and from the company premises for the remaining 5 to 6 days. She had borrowed loan through her brother from online finance companies, without his knowledge. When loans were not repaid and the finance company started asking for repayment, she was concerned that if her mother and brother comes to know about the same, it would bring disrepute to the family. Hence, she hatched a conspiracy to commit the murder of her mother and brother, so that she can move freely with accused No.2. She informed her mother and brother that her company was planning to send her to Hyderabad in connection with the work, on 02.02.2020 and thus booked three flight tickets and rooms in Hyderabad. After having dinner, all the three slept in the house. Her mother slept in the hall and her brother - 4 - NC: 2025:KHC:5233 CRL.P No. 13331 of 2024 slept in the room. At about 4.30 a.m., she stabbed her mother who was sleeping in the hall, on her chest etc., and committed her murder. She then went to the room where her brother was sleeping and stabbed him on his neck, chest etc. with an intention to commit his murder. As per the plan, she secured accused No.2 to the house, who came on a motorcycle. She changed her clothes and took the stained clothes in a plastic cover and went with accused No.2 and threw the clothes and phone, to destroy evidence. 5. Petitioner/accused No.1 was arrested on 04.02.2020. She is in judicial custody since then. According to prosecution, PW.1 – complainant/brother of the petitioner is the material witness, who was not only present in the house but also an injured. 6. Learned Additional SPP has contended that this is a heinous crime and a pre-planned murder committed by the petitioner. After the incident she was absconding and she was arrested from Port Blair, Andaman. She - 5 - NC: 2025:KHC:5233 CRL.P No. 13331 of 2024 contended that trial is in progress and in view of the serious nature of the crime committed by the petitioner, she is not entitled for bail and if the petitioner is enlarged on bail, she may flee from justice and thereby hamper the trial. 7. Learned counsel for petitioner has contended that the petitioner is a woman and she is in judicial custody for more than five years. The complainant/PW.1 is already examined, he has not supported the case of prosecution. Accused No.2 is on bail. The conclusion of trial may take further time. Petitioner is ready and willing to abide by any conditions which may be imposed by the Court. Accordingly, she sought to allow the petition. 8. It is no doubt true the offence allegedly committed by the petitioner is heinous in nature. According to the prosecution, complainant is the material witness. He has been examined by the trial Court. It is contended by the learned counsel for petitioner that PW.1 has not supported the prosecution. Evidence adduced - 6 - NC: 2025:KHC:5233 CRL.P No. 13331 of 2024 before the trial Court cannot be appreciated at this stage. However, the fact remains that petitioner was arrested on 04.02.2020 and she is in judicial custody for more than 5 years. Taking into consideration the period already spent by the petitioner in custody coupled with the fact that she is a woman and accused No.2 is on bail and since the material witness has been examined, without expressing any view on the merits of the case, petitioner can be admitted to bail by imposing necessary conditions. Hence, the following: ORDER (i) Petition is allowed. (ii) Petitioner/accused No.1 in S.C.No.68/2021 pending on the file of the Court of XXVI Additional District and Sessions Judge, Mayohall, Bengaluru, is ordered to be released on bail, subject to following conditions: 1. She shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties for - 7 - NC: 2025:KHC:5233 CRL.P No. 13331 of 2024 the likesum to the satisfaction of the jurisdictional Court. 2. She shall furnish proof of her stay and shall inform the Court, if there is change in the address. 3. She shall not directly or indirectly tamper with the prosecution witnesses. 4. She shall not indulge herself in committing any offence. 5. She shall appear before the trial Court regularly on all dates of hearing. Prosecution to seek cancellation of bail if any of the above conditions are violated by the petitioner. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 14 Ct:ar