- 1 - HC-KAR NC: 2025:KHC:44643 CRL.P No. 13167 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13167 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: NISHA G N W/O. MANJUNATHA, AGED ABOUT 26 YEARS, R/AT:NO.65, NEAR WATER TANK, BASAVESHWARA NAGARA, DAVANAGERE - 577 006. …PETITIONER (BY SRI. DINESHKUMAR RAO K., ADVOCATE) AND: STATE OF KARNATAKA BY RIPPONPET POLICE STATION, SAGAR TALUK, SHIVAMOGGA - 577 301. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.91/2025 OF RIPPONPET POLICE STATION, SHIVAMOGGA, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DN) AND CJM COURT, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44643 CRL.P No. 13167 of 2025 HOSANAGAR, SHIVAMOGGA DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 238 READ WITH 3(5) OF BNS. 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.91/2025 of Ripponpet Police Station, Shivamogga, registered for offences punishable under Sections 103(1), 238 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State. 3. Learned counsel for petitioner would contend that, there are no eyewitnesses to the incident and entire case of the prosecution is based on circumstantial - 3 - HC-KAR NC: 2025:KHC:44643 CRL.P No. 13167 of 2025 evidence. The father of the deceased has filed a complaint based on confession statement of the petitioner/accused No.1. The deceased was suffering from AIDS. There was no intention or motive on the part of this petitioner to kill the deceased. Earlier to the incident, the deceased had sustained injuries in a road traffic accident. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is a woman. The prosecution has to prove each of the circumstances at the trial. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor would contend that, the voluntary statement of the petitioner corroborates the averments of the complaint. The complainant is the father of this petitioner who has filed complaint based on the confessional statement of the petitioner. The veil has been used by the petitioner to strangulate the deceased and it has been seized at the instance of the petitioner. The doctor who conducted the postmortem examination of the dead body - 4 - HC-KAR NC: 2025:KHC:44643 CRL.P No. 13167 of 2025 of the deceased has opined that, the death is due to asphyxia. The petitioner is the sister of the deceased. The charge sheet materials show that, there is a prima-facie case against the petitioner for the offences alleged against her. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for the parties, the Court has perused the charge sheet and other materials placed on record. 6. As per the charge sheet, the petitioner and her husband were taking the deceased in an Omni car for further treatment as he had sustained injuries in a road traffic accident. It is alleged that, on the way, the petitioner and her husband have committed the murder of the deceased by strangulating him with the veil of the petitioner. There are no eyewitnesses to the incident and the case of the prosecution is based on circumstantial evidence. One of the circumstances is that, the dead body has been brought by the petitioner in the car to the house - 5 - HC-KAR NC: 2025:KHC:44643 CRL.P No. 13167 of 2025 of the complainant. As the case of the prosecution is based on circumstantial evidence, the prosecution has to establish each of the circumstances at the trial. The petitioner is a woman and her husband/accused No.2 has already been granted bail. 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 This Criminal Petition is allowed. The petitioner is granted bail in Crime No.91/2025 of Ripponpet Police Station, Shivamogga, 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. - 6 - HC-KAR NC: 2025:KHC:44643 CRL.P No. 13167 of 2025 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 exempted by the Court and cooperate for the speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 10