- 1 - NC: 2025:KHC:16923 CRL.P No. 115 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.115 OF 2025 BETWEEN: DEVI THAMANG @ DEBI W/O RAKESH THAMANG AGED ABOUT 46 YEARS R/AT NO.1/8, B NEW NO.19 SERVE NO.37, KARUNYA ENCLAIVE LAKSHMIPURA CROSS VADERAHALLI VIDYARANYAPURA BENGALURU CITY, BENGALURU 560097. …PETITIONER (BY SRI. JAGADEESHA H, ADV.,) AND: THE STATE OF KARNATAKA BY VIDYARANAPURA POLICE STATION BANGALORE-560097 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE 560001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) - - - THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.464/2023 (CR.NO.267/2022) OF RESPONDENT VIDYARANYAPURA POLICE FOR THE OFFENCE P/U/S 302, 34 OF IPC PENDING ON THE FILE OF LXII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:16923 CRL.P No. 115 of 2025 CORAM: HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C. No.464/2023 pending before the Court of LXII Additional City Civil and Sessions Judge, Bengaluru arising out of Crime No.267/2022 registered by Vidyaranyapura Police Station, Bengaluru for the offence punishable under Section 302 read with 34 of Indian Penal Code, 1860 is before this Court under Section 439 of the Criminal Procedure Code, 1973, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.267/2022 was registered by Vidyaranyapura Police Station, Bengaluru for the aforesaid offence against the petitioner and another, based on the first information received on 06.11.2022 from one Vishal Thamang, relative of deceased Rakesh Thamang. During the course of investigation, the petitioner herein was arrested on 07.11.2022 and after completion of the investigation, charge sheet has been filed against two persons. Petitioner is arrayed as accused No.1 in the charge sheet. Her bail application filed in Crl.Misc.No.4562/2023 was rejected on 07.06.2023. Therefore, - 3 - NC: 2025:KHC:16923 CRL.P No. 115 of 2025 she had approached this Court in Crl.P.No.7782/2023 which was disposed of on 10.10.2023 with a request to the Trial Court to expedite the trial and dispose of the case at the earliest. On the ground of delay in trial, the petitioner is before this Court in this successive bail application. 4. Petitioner aged about 46 years, is in the custody for the last more than 2½ years. Deceased Rakesh Thamang was the husband of the petitioner. It is alleged that the petitioner had illicit relationship with accused No.2 and in this background, the petitioner and her husband Rakesh Thamang used to quarrel with each other. Therefore, accused Nos.1 and 2 allegedly conspired to commit the murder of Rakesh Thamang and on 05.11.2022, when Rakesh was sleeping in the house, accused No.1-petitioner summoned accused No.2 to her house and thereafter both strangulated the neck of Rakesh Thamang and committed his murder. The case of the prosecution is based on circumstantial evidence. Before the Trial Court, the prosecution, in total has examined 14 charge sheet witnesses as PW-1 to PW-14. The material on record would go to show that the prosecution in all, has cited 33 charge sheet witnesses in the present case. Therefore, the - 4 - NC: 2025:KHC:16923 CRL.P No. 115 of 2025 chances of trial being concluded and the case being disposed of on merits in the near future is very remote. 5. Under the circumstances, I am of the view that the prayer made by the petitioner who is a lady aged about 46 years for grant of regular bail needs to be answered in the affirmative considering the period of her incarceration, without expressing any opinion on the merits and demerits of the case. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.464/2023 pending before the Court of LXII Additional City Civil and Sessions Judge, Bengaluru arising out of Crime.No.267/2022 registered by Vidyaranyapura police station, Bengaluru District for the offence punishable under Section 302 read with 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; - 5 - NC: 2025:KHC:16923 CRL.P No. 115 of 2025 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; 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 of. Sd/- (S VISHWAJITH SHETTY) JUDGE RV List No.: 2 Sl No.: 1