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2025 DAILYLAW 37937 (KAR)

NEELAVENI W/O. VENKATESH v. THE STATE OF KARNATAKA

CRL.P/103847/2025 · 2025-09-23

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12904 CRL.P No. 103847 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103847 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: NEELAVENI W/O. VENKATESH, AGE. 35 YEARS, OCC. HOUSE WIFE, R/O. OPPOSITE JUMMA MASJID, RANITHOTA, BALLARI-583 201. … PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH BRUCEPETE P.S. BALLARI), R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580 001. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN SC NO.42/2025 IN CONNECTION WITH CR.NO.53/2025 REGISTERED IN BRUCEPETE POLICE STATION BALLARI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 238(A), 189(2), 190, 191(2), 191(3), 49, 61(2)(A) OF BNS PENDING TRAIL OF THE CASE BEFORE IST ADDL. DISTRICT AND SESSION JUDGE BALLARI, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12904 CRL.P No. 103847 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in Crime No.53 of 2025 registered by Brucepet Police Station, Bellary City Sub-Division, Ballari District for offences punishable under Sections 103(1), 238(A), 189(2), 190, 191(2), 191(3), 49, 61(2)(a) of the BNS, 2023, is before this Court in this petition filed under Section 483 of the BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.53 of 2025 was registered by Brucepet Police Station, Bellary City Sub-Division, Ballari District against unknown persons, based on the first information dated 04.04.2025 received from the petitioner herein who is the wife of the deceased Venkatesh. During the course of investigation, the petitioner herein was arrested on 05.04.2025. After completing investigation, charge sheet has been filed against 11 persons. Petitioner is arraigned as accused No.1 in the charge sheet. Bail - 3 - HC-KAR NC: 2025:KHC-D:12904 CRL.P No. 103847 of 2025 application filed by the petitioner before the trial Court in SC No.42/2025 was rejected on 29.12.2025. Therefore, she is before this Court. 4. In the charge sheet, it is alleged that deceased was suspecting the character of the petitioner who was his wife and therefore, petitioner decided to commit his murder and contacted accused no.2 for the said purpose. Accused no.2 thereafter contacted accused nos.3 to 11, who agreed to commit the murder of deceased. On the intervening night of 03.04.2025 and 04.04.2025, accused nos.3 to 11 allegedly assaulted the deceased and committed his murder. CW11 and CW12 are the eyewitnesses to the said incident. Accused nos.4, 5 and 11 have been granted regular bail by this Court in Criminal Petition No.103066 of 2025 connected with Criminal Petition No.103184 of 2025. Accused nos.3, 6, 7 and 8 have been granted regular bail by this Court in Criminal Petition No.102369 of 2025. Petitioner was undisputedly not present at the spot of crime and only allegation against her is that she had conspired with the - 4 - HC-KAR NC: 2025:KHC-D:12904 CRL.P No. 103847 of 2025 other accused who have been now granted regular bail, to commit the murder of deceased. 5. Under the circumstances, I am of the opinion that her prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following: ORDER Criminal Petition is allowed. Petitioner is directed to be enlarged on bail in Crime No.53 of 2025 registered by Brucepet Police Station, Bellary City Sub-Division, Ballari District for offences punishable under Sections 103(1), 238(A), 189(2), 190, 191(2), 191(3), 49, 61(2)(a) of the BNS, 2023, subject to the following conditions: i. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the - 5 - HC-KAR NC: 2025:KHC-D:12904 CRL.P No. 103847 of 2025 Trial Court exempts her appearance for valid reasons; iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioner shall not involve in similar offences in future. v. 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 VMB CT:BCK LIST NO.: 1 SL NO.: 1