- 1 - HC-KAR NC: 2025:KHC-D:8028 CRL.P No. 101808 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101808 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SMT. BHAGYASHREE W/O. HANUMANTHA DONI, AGE: 32 YEARS, OCC: COOLIE, R/O. KANNADA SCHOOL, MUGALAKHOD-591317, TQ. RAYABAG, DIST. BELAGAVI. …PETITIONER (BY SHRI NEELENDRA D. GUNDE, ADVOCATE) AND: STATE OF KARNATAKA, BY KUSTHAGI P. S., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S.483 OF BNSS, 2023) SEEKING TO GRANT HIM REGULAR BAIL IN THE CRIME NO.171/2024 OF KUSHTAGI POLICE STATION, REGISTERED FOR THE OFFENCE PUNISHABLE U/S.103, 238(B), 3(5) OF BNS PENDING BEFORE PRL. DISTRICT AND SESSIONS JUDGE KOPPAL IN S.C. NO. 10/2025, IN THE INTEREST OF JUSTICE AND EQUITY. 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:8028 CRL.P No. 101808 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri.Neelendra D.Gunde, the learned counsel for the petitioner and Sri.Kirtilata Patil, the learned High Court Government Pleader for the respondent – State. 2. The petitioner/accused No.1 has filed this petition under Section 439 of Cr.P.C., [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] seeking to grant bail in Crime No.171/2024 of Kushatagi Police Station (S.C.No.10/2025 on the file of Prl. District and Sessions Judge, Koppal), for the offences punishable under Sections 103, 238(b), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’). 3. Brief facts of the prosecution case is as under; The petitioner/accused No.1 had illicit relationship with deceased Sharanappa. Subsequently, she developed an illicit relationship with accused No.2. When deceased - 3 - HC-KAR NC: 2025:KHC-D:8028 CRL.P No. 101808 of 2025 Sharanappa came to know about her illicit relationship with accused No.2, he became enraged over her and sent photographs which were taken together by them over phone. Despite accused No.1 refused to continue relationship with deceased, the deceased continued to send the photographs. In this background, during the intervening night of 19/30.09.2024, accused Nos.1 and 2 had gone to the house of Sharanappa at Hirmannapura village with a common intention and picked up quarrel with him, accused No.2 assaulted Sharanappa using his hands and legs, and they poured the kerosene on the body of the Sharanappa and set fire. Hence, first informant lodged complaint with Kushatagi Police and the same led to registration of FIR and investigation. During the course of investigation, i.e. on 04.10.2024, petitioner/accused No.1 was arrested and she was remanded to judicial custody. - 4 - HC-KAR NC: 2025:KHC-D:8028 CRL.P No. 101808 of 2025 4. Learned counsel for the petitioner/accused No.1 contended that the petitioner is innocent, she has not committed any offences as alleged by the prosecution and she has been falsely implicated in this case. There is no overt act alleged against her and nothing is recovered from this petitioner-accused No.1; the only allegation against accused No.1 is that, she was a conspirator and she was present at the time of assault and she set fire to the dead body. Petitioner is a woman and she is ready to abide by the conditions to be imposed by this Court. With these grounds, he prayed for allowing the petition. 5. Per contra, learned High Court Government Pleader has filed statement of objections contending that the petitioner is involved in the offence punishable under Sections 3(5) of BNS, 2023, there is a prima facie case against her. The case is based on the circumstantial evidence and there is a strong motive against the petitioner and soon after assault, she set fire to the dead body of the deceased and if, she is released on bail, she - 5 - HC-KAR NC: 2025:KHC-D:8028 CRL.P No. 101808 of 2025 may tamper the prosecution witnesses and hamper the trial. Thus, considering the nature and gravity of offences, the petitioner is not entitled for bail. Hence, prayed for rejection of bail petition. 6. Perused the material available on record. 7. The Investigating Officer after completion of investigation has filed the charge-sheet. The charge sheet material discloses that the prosecution case is based on the circumstantial evidence. The motive behind commission of murder was that accused No.1 had illicit relationship with deceased Sharanappa. Their relationship continued for couple of months and thereafter accused No.1 developed her illicit relationship with accused No.2 and discontinued her relationship with deceased Sharanappa. Therefore, deceased Sharanappa used to send her photographs through his mobile phone. This enraged accused No.1 to eliminate the deceased Sharanappa. Therefore, she laid conspiracy with accused No.2 to eliminate him. Hence, in the intervening period of - 6 - HC-KAR NC: 2025:KHC-D:8028 CRL.P No. 101808 of 2025 29/30.09.2024, both accused Nos.1 and 2 went to the house of the deceased Sharanappa at Hiremannapur village and they took quarrel with accused No.1. Accused No.2 assaulted him with hands and legs, covered the bed on his body and poured the kerosene and accused No.1 set fire on his body and his body was burnt in his house. In the instant case, except motive, the other aspects so as to connect accused No.1 with the crime i.e. last seen theory, conduct of accused No.1, no such material is forthcoming in the charge sheet. Though, CDR is placed on record, the location tower of accused No.1 at Hemannapur village is not forthcoming in the said CDR. Further, investigating officer did not recovered any incriminating articles at the instance of accused No.1. 8. Having regard to the facts and circumstances of the case, looking into the nature of allegation made against the petitioner, gravity of offence, severity of punishment, chances of petitioner absconding or fleeing away from the justice if released on bail, character and - 7 - HC-KAR NC: 2025:KHC-D:8028 CRL.P No. 101808 of 2025 antecedents of the petitioner tampering of the prosecution witnesses, the petitioner is entitled for grant of bail by imposing certain conditions. Accordingly, the Court proceeds to pass the following; ORDER The petition filed under Section 439 of Cr.P.C., is allowed. The petitioner-accused No.1 is ordered to be enlarged on bail in Crime No.171/2024 (S.C.No.10/2025 on the file of Prl. District and Sessions Judge, Koppal) of Kushatagi Police Station, on she executing a personal bond in a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of jurisdictional Court, subject to the following conditions: i) The petitioner shall not tamper the prosecution witnesses and shall not threaten the witnesses; ii) The petitioner shall appear before the Court regularly without fail; - 8 - HC-KAR NC: 2025:KHC-D:8028 CRL.P No. 101808 of 2025 iii) The petitioner shall not involve herself in similar offences. NOTE: The above observation is made only for disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE HMB CT-AN List No.: 1 Sl No.: 25