- 1 - HC-KAR NC: 2025:KHC:53555 CRL.P No. 14618 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14618 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: SMT. GAYITHRI P.R. S/O PRASANNA, AGED ABOUT 30 YEARS, HOUSE HOLD AND GRAMAPANCHAYATH MEMBER, R/O JANAKI VILLAGE, NOW R/O BANASIHALLI VILLAGE, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577 527. …PETITIONER (BY SRI. SAMEER S.N., ADVOCATE) AND: STATE BY HOSADURGA POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.339/2025 REGISTERED BY THE RESPONDENT HOSADURGA POLICE FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 140(1), 103(1), 238 Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53555 CRL.P No. 14618 of 2025 OF BNS ACT, PENDING BEFORE THE PRINCIPAL CIVIL JUDGE (JUNIOR DIVISION) AND JMFC, HOSADURGA. 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.1 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.339/2025 of Hosadurga Police Station, registered for offences punishable under Sections 140(1), 103(1) and 238 of Bharatiya Nyaya Sanhita, 2023. 2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State. 3. Learned counsel for petitioner would contend that, the accusation against the petitioner is that, she had illicit relation with accused No.2. As the deceased who was her husband was quarreling with her in that regard and - 3 - HC-KAR NC: 2025:KHC:53555 CRL.P No. 14618 of 2025 therefore, she abetted/instigated accused No.2 to kill the deceased. There is no role of the petitioner in murder of the deceased. The petitioner was not on the spot at the time of incident. There was a matrimonial dispute between the petitioner and the deceased and the petitioner had filed a divorce case against the deceased and it was pending. The petitioner is a woman and she is in judicial custody since 22.07.2025. Therefore, she is not required for custodial interrogation. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, the petitioner who is having illicit relation with accused No.2, instigated him to kill the deceased as he is coming in the way of their illicit relation and quarreling with her. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against her. With these, she prayed for dismissal of the petition. - 4 - HC-KAR NC: 2025:KHC:53555 CRL.P No. 14618 of 2025 5. Having heard the learned counsels appearing for the parties, the Court has perused the charge sheet and other materials placed on record. 6. The deceased was found missing and a complaint came to be filed in that regard on 17.02.2025 in Crime No.77/2025. The dead body of the deceased was found on 22.02.2025 and UDR No.2/2025 had been registered in a Lingadahalli Police Station. Thereafter, the father of the deceased filed a complaint on 20.07.2025 and it came to registered in Crime No.339/2025 and FIR came to be registered against unknown persons. After the investigation, the charge sheet has been filed against five accused persons, wherein the petitioner is arrayed as accused No.1. The case of the prosecution as per charge sheet is that, the petitioner had illicit relation with accused No.2 and on coming to know the same, the deceased had quarreled with her, she left her husband's house and was residing in her parents' house. The deceased used to go to the house of the petitioner and used to quarrel with her. - 5 - HC-KAR NC: 2025:KHC:53555 CRL.P No. 14618 of 2025 In that regard, three FIRs' are registered in Hosadurga Police Station. As per the charge sheet, the accusation against the petitioner is that, as the deceased was quarreling with her, she instigated accused No.2 to kill the deceased and pursuant to the said instigation, accused Nos.2 to 4 took the deceased and assaulted him and strangulated him with a towel and committed his murder. The only accusation against the petitioner is that, she instigated accused No.2 to kill the deceased. The petitioner was not on the spot at the time of the incident. The petitioner is a woman. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. The petitioner is in judicial custody since 22.07.2025. There are no criminal antecedents of the petitioner. 7. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER - 6 - HC-KAR NC: 2025:KHC:53555 CRL.P No. 14618 of 2025 The Criminal Petition is allowed. The petitioner is granted bail in Crime No.339/2025 of Hosadurga 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 like-sum 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 dates of hearing unless exempted by the Court and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 6