- 1 - HC-KAR NC: 2025:KHC-D:16251 CRL.P No. 104651 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104651 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: PARVATHI @ HULIGEMMA D/O. LATE VENKATESHA, AGE. 54 YEARS, OCC. LABOURER, R/O. BATAKUNTE VILLAGE, KAWTALAM MANDALAM KURNOOL-518001, ANDHRA PRADESH. …PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH HATCHOLLI P.S.) REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT DHARWAD-580001. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.2 ON REGULAR BAIL IN SC NO.30/2025 IN CONNECTION WITH CRIME NO.02/2025 REGISTERED BY HATCHOLLI PS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 238, 61(2), 3(5) OF BNS AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16251 CRL.P No. 104651 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner/accused No.2 is before this Court seeking for grant of regular bail in Crime No.02/2025 of respondent-police for the offences under Sections 103(1), 61(2), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, the petitioner is stated to be the friend of deceased Basamma. The said Basamma used to wear golden ornaments always. It is stated that, the said Basamma had sold the gold ornaments and also adjusted the amount of Rs.2,00,000/-. In total she had deposited Rs.5,50,000/- in SBI Bank. The accused No.2/petitioner induced the said Basamma that, instead of keeping the amount in bank they may purchase land and in that regard, she has induced accused No.1, both have conspired together and decided to eliminate the said - 3 - HC-KAR NC: 2025:KHC-D:16251 CRL.P No. 104651 of 2025 Basamma in order to take off gold ornaments and money from said Basamma. Accordingly, on 09.01.2025 both accused Nos.1 and 2 took the said Basamma to the land and committed her murder and take up all the gold ornaments and money and went away from the spot. A complaint was lodged by the owner of the land and case was registered as UDR. Thereafter, during investigation after noticing involvement of the petitioner and another, suo moto case has been registered against the petitioner and another for the offences stated supra. 3. The respondent-police after conducting investigation, submitted the charge sheet. 4. Heard Sri. B. Anwar Bash, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavar, learned High Court Government Pleader for respondent-State. 5. It is the submission of the learned counsel for the petitioner that, the petitioner is arrayed as accused No.2 she is innocent of the alleged offences. Though, it is alleged that, she has conspired along with another accused to kill - 4 - HC-KAR NC: 2025:KHC-D:16251 CRL.P No. 104651 of 2025 the deceased, the Investigating Officer has failed to establish her involvement in the alleged murder. Moreover, nothing has been recovered from the accused No.2/petitioner. Hence, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel for the petitioner prays to allow the petition. 6. Per contra, learned High Court Government Pleader for respondent-State vehemently submitted that, the petitioner is accused No.2. As per the investigation one of the gold ornaments has been recovered from the accused. The involvement of the petitioner in committing the murder of the deceased has been proved. Therefore, at this stage it is not appropriate to grant bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 7. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge sheet, it appears from the record that the petitioner - 5 - HC-KAR NC: 2025:KHC-D:16251 CRL.P No. 104651 of 2025 is the friend of Basamma. It is stated that, she has induced Basamma to withdraw the amount from the bank on the pretext of getting her a suitable land for the said amount and took her to Jowar land and committed her murder for gain. 8. Be that as it may. The recovery though appears to be effected at her instance, there is ambiguity in respect of the said ornament. Hence, it is appropriate to considering the bail application, keeping in mind that the petitioner is a woman aged about 54 years and working as a labour. If the suitable conditions are imposed, the apprehension of the prosecution would be met. 9. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.02/2025 of respondent-police, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One - 6 - HC-KAR NC: 2025:KHC-D:16251 CRL.P No. 104651 of 2025 Lakh Only) with one local surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall mark her attendance before the respondent-police once in a month on Saturday between 10.00 a.m. and 2.00 p.m. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 1 Sl No.: 83