- 1 - HC-KAR NC: 2025:KHC-D:7468 CRL.P No. 101819 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101819 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SMT. HANUMANTHAMMA K. W/O. LATE NEELAPPA, AGED ABOUT 36 YEARS, OCC: HOUSEHOLD WORK, R/O. ITTIGI VILLAGE, HADAGALI TALUK, VIJAYANAGARA DISTRICT-583219. …PETITIONER (BY SRI. ANAND R. KOLLI, ADVOCATE) AND: THE STATE OF KARNATAKA, REPRESENED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH PSI, ITTIGI POLICE STATION, HADAGALI TALUKA, VIJAYANAGARA DISTRICT. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) SEEKING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CONNECTION WITH CRIME NO.97/2024 REGISTERED BY ITTIGI POLICE STATION FOR THE OFFENCE PUNISHABLE U/S.137(2), 103(1), 238, 54, 3(5), OF BHARATIYA NYAYA SANHITA (BNS) ACT, 2023 IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7468 CRL.P No. 101819 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard Sri.Anand R. Koli, learned counsel for the petitioner and Sri.Jayaram Siddi, learned High Court Government Pleader for respondent-State. 2. Petitioner/accused No.3 has filed this petition under Section 439 of the Criminal Procedure Code (for short, ‘the Cr.P.C.’) praying to grant bail in Crime No.97/2024 registered by Ittigi Police Station, for the offences punishable under sections 137(2), 103(1), 238, 54 and 3(5) of Bharatiya Nyaya Sanhita (for short, ‘the BNS’), Act, 2023. 3. The brief facts of the prosecution case are as under: 4. The mother of the victim, i.e., accused No. 3, has lodged a missing complaint with the respondent police, alleging that about 9 years back, her husband was dead - 3 - HC-KAR NC: 2025:KHC-D:7468 CRL.P No. 101819 of 2025 due to ill health. After her husband's death, she moved to Ittigi village with her child, K. Vithal-(deceased), who was studying in the 7th standard in year 2024. Since 4 years, accused No.1 developed illicit relationship with accused No.3, thus, son of accused No.3 by name K.Vithal advised his mother to maintain distance with accused No.1. The complainant (CW.1) being brother of accused No.3, advised her to discontinue her relationship with accused No.1. Accused No.1 and accused No.3 developed ill-will against K.Vithal and decided to eliminate him. Later accused No.1 to 3 hatched a plan to commit murder of K.Vithal. 5. On 16.11.2024, accused Nos.1 and 2 took K.Vithal-(deceased), in their motorcycle with them to Hagaribammanhalli-Kottur Road near Benakal Forest, where they strangulated K. Vithal-(deceased) with his shirt. Thereby, they caused death and thrown the dead body in the bushes. 6. During the course of investigation, it was revealed that accused No.1 in collusion with accused Nos.2 - 4 - HC-KAR NC: 2025:KHC-D:7468 CRL.P No. 101819 of 2025 and 3 committed murder of K. Vithal-(deceased). Hence, complaint was lodged. This leads to registration of FIR and investigation. 7. Learned counsel for the petitioner contended that petitioner is innocent and she has not committed any offences as alleged by the prosecution and she has been falsely implicated in this case. There is no overtact alleged against her. She is not at all involved in this case and she never instigated in commission of the offence. Petitioner is the women and there is no direct involvement in this case. Petitioner is ready and willing to abide by any conditions that may be imposed by this Court. With these grounds, he prayed to allow the petition. 8. Per contra, learned High Court government pleader for respondent-State has filed a statement of objections contending that the petitioner is involved in an offence punishable under Section 302 of the IPC and there is a prima facie case against her. If she is released on bail, she may threaten or tamper with the prosecution witnesses - 5 - HC-KAR NC: 2025:KHC-D:7468 CRL.P No. 101819 of 2025 and would hamper the investigation as well as the trial. Considering the nature and gravity of the offence, the petitioner is not entitled to bail. Thus, he prayed to reject the bail petition. 9. Perused the material available on record. 10. The investigating officer, after completion of the investigation, has filed the charge sheet. On perusal of column No.17 of the charge sheet, the investigating officer opined that petitioner/accused No.3 herein, in collusion with accused Nos.2 and 3 made a criminal conspiracy in the commission of the murder of son of accused No.3 by the name of K.Vithal. As per the statements of CWs.1 and 10, accused Nos.1 and 2 took deceased-K.Vithal in their motorcycle to the forest area, where they strangulated him with his shirt and thereby, committed murder and thrown the dead body in the bushes. 11. As per the statement of the prosecution witnesses, more particularly CWs.1 and 10, accused No. 3 - 6 - HC-KAR NC: 2025:KHC-D:7468 CRL.P No. 101819 of 2025 is not directly involved in the commission of the murder of her own son. Therefore, the main allegation is against accused Nos. 1 and 2 in the commission of the murder of the deceased-K. Vithal. 12. Learned High Court Government Pleader for respondent—State vehemently contended that accused No.3 gave a voluntary statement before the investigating officer, but pursuant to her voluntary statement, nothing was recovered by the investigating officer. Further, the role of accused No.3 in this case has to be established in a full- fledged trial, and the petitioner being accused No. 3, is the mother of the deceased, and she is in judicial custody for more than one and a half years. The matter is not committed to the Court of Session, and there would be a considerable delay in the commencement of the trial. 13. Having regard to the facts and circumstances of the case and looking into the nature of allegation made against the petitioner, gravity of offence, severity of punishment, chances of petitioner absconding or fleeing - 7 - HC-KAR NC: 2025:KHC-D:7468 CRL.P No. 101819 of 2025 away from justice if released on bail, character and antecedents of the petitioner, tempering of the prosecution witnesses, petitioner is entitled for grant of bail. Accordingly, this Court proceeds to pass the following: ORDER The petition filed under Section 439 of Cr.P.C. is allowed. The petitioner is ordered to be enlarged on bail in Crime No.97/2024 of respondent - Police Station on his executing a personal bond in a sum of Rs.2,00,000/- with a surety for the likesum to the satisfaction jurisdictional Court, subject to the following conditions: i. Petitioner shall not tamper the prosecution witnesses and threaten the complainant. ii. He shall appear before the Court regularly without fail. iii. He shall not commit similar offences. - 8 - HC-KAR NC: 2025:KHC-D:7468 CRL.P No. 101819 of 2025 Violation of any of these conditions would entail for cancellation of bail. Ordered accordingly. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 14