- 1 - HC-KAR NC: 2025:KHC:40570 CRL.P No. 12107 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12107 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SMT. SANGEETHA K S W/O KIRAN B M AGED ABOUT 35 YEARS R/AT BEHIND FATHIMA SCHOOL KUSHAL NAGARA TOWN KODAGU DISTRICT- 571 234. PERMANENT R/O HANAGALLU VILLAGE SOMWARPET TALUK KODAGU DISTRICT- 571 236. …PETITIONER (BY SRI. PRASANNA D.P., ADVOCATE) AND: THE STATE OF KARNATAKA BY SOMWARPET POLICE STATION REP BY SPP HIGH COURT COMPLEX BENGALURU- 560 001 …RESPONDENT (BY SMT. PUSHPALATHA.B., ADDL. SPP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE HER ON BAIL IN CRIME NO.80/2025 Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40570 CRL.P No. 12107 of 2025 REGISTERED BY SOMWARPET POLICE STATION KODAGU DISTRICT, FOR THE OFFENCES P/U/S 61(2)(a), 103(1), 238, 309(4) R/W 3(5) OF BNS 2023 NOW PENDING ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC, SOMWARPET. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.3 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of bail in Crime No.80/2025 of Somawarpet Police Station, registered for the offences punishable under Sections 61(2)(a), 103(1), 238 & 309(4), read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for the petitioner and learned Additional State Public Prosecutor - State/respondent. 3. Learned counsel for the petitioner contended that the entire case of the prosecution is based on - 3 - HC-KAR NC: 2025:KHC:40570 CRL.P No. 12107 of 2025 circumstantial evidence. The allegation against the petitioner/accused No.3 is that she conspired with the other accused persons and in furtherance of the conspiracy, took the deceased to the spot, thereby facilitated the other accused to kill the deceased. As the charge sheet is filed the petitioner is not required for custodial interrogation. 4. The petitioner was not in contact with accused No.1, her former husband or the deceased prior to the incident, as a case had been registered against the deceased and other accused persons. There is recovery of only two mobile phones from the petitioner, there is no overt act alleged against her. The petitioner/accused No.3 is a woman and has two minor school-going children aged 8 and 14 years. There are 149 witnesses cited in the charge sheet, and the trial will take considerable time. With these submissions, he prayed to allow the petition. 5. Per contra, learned SPP contended that the petitioner/accused No.3 conspired with accused Nos.1 & 2 - 4 - HC-KAR NC: 2025:KHC:40570 CRL.P No. 12107 of 2025 to kill the deceased. In furtherance of the said conspiracy, the petitioner took the deceased to the spot and facilitated the other accused to kill him. The offence alleged against the petitioner is punishable with death or imprisonment for life. The charge sheet discloses a prima-facie case against the petitioner. With this, she prays for rejection of the petition. 6. Having heard the learned counsel appearing for the parties, this Court has perused the charge sheet and other materials placed on record. 7. On perusal of column No.17 of the charge sheet, the allegation against the petitioner/accused No.3 is that she conspired with accused Nos.1 & 2 to kill the deceased. In furtherance of the said conspiracy, the petitioner/accused No.3 on 09.05.2025, made a whatsapp call to the deceased and secured him near her house at 9.00 p.m. and took him in the car near the cement factory and from there, both went to the place where accused No.2 was holding SBBL gun and he abused the deceased - 5 - HC-KAR NC: 2025:KHC:40570 CRL.P No. 12107 of 2025 and deceased started running from that place. That accused No.2 fired the gun in the air, accused No.1, who was holding club hiding near the place made the deceased to fall and assaulted him with the iron chopper on his neck twice and accused No.2 took the said iron chopper from accused No.1 and assaulted the deceased on his neck, head and accused No.1 assaulted the deceased on his head and other parts and due to the said injuries, the deceased died on the spot. 8. Considering the above aspects, there are no overt acts alleged against the petitioner/accused No.3 assaulting the deceased. The allegation against the petitioner is conspiracy with accused Nos.1 & 2 and in furtherance of the conspiracy, taking the deceased to the spot and facilitating the other accused persons to assault and kill the deceased. The petitioner/accused No.3 is a woman having two minor school-going children. As the charge sheet being filed the petitioner is not required for custodial interrogation. - 6 - HC-KAR NC: 2025:KHC:40570 CRL.P No. 12107 of 2025 9. Considering the said aspects, the petitioner/accused No.3 has made out a case for grant of bail, subject to conditions. In the result, I pass the following: ORDER This Criminal Petition is allowed. The petitioner/accused No.3 is granted bail in Crime No.80/2025 of Somawarpet Police Station, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Jurisdictional Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the Trial Court on all the dates of hearing unless - 7 - HC-KAR NC: 2025:KHC:40570 CRL.P No. 12107 of 2025 exempted by the Court and cooperate for the speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE TMP List No.: 1 Sl No.: 8