- 1 - HC-KAR NC: 2025:KHC:41171 CRL.P No. 12786 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12786 OF 2025 BETWEEN: TABASSUM W/O BHOLU ARAB, AGED ABOUT 40 YEARS, R/AT 122, 7TH CROSS, 2ND MAIN, VIVEKNAGAR, BANGALORE - 560 047. …PETITIONER (BY SRI. MUZAFFAR AHMED, ADVOCATE) AND: STATE OF KARNATAKA BY VIVEKNAGAR POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDITIONAL SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CODE OF CRIMINAL PROCEDURE (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL WHO IS SHOWN AS ACCUSED NO.2/PETITIONER IN CRIME NO.45/2025 REGISTERED BY THE RESPONDENT POLICE, VIVEKNAGAR POLICE STATION, BENGALURU FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 238, 3(5) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41171 CRL.P No. 12786 of 2025 OF BNS, 2023 WHICH IS PENDING BEFORE XXIX ADDITIONAL CHIEF JUDICIAL MAGISTRATE, MAYO HALL AT BENGALURU IN C.C.NO.63897/2025 BY IMPOSING ANY CONDITIONS TO THE SATISFACTION OF THIS HONBLE COURT. 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.2 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.45/2025 of Viveknagar Police Station registered for offences punishable under Sections 103(1), 238 and 3(5) 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, there are no eye witnesses to the incident and entire case of the prosecution is based on circumstantial - 3 - HC-KAR NC: 2025:KHC:41171 CRL.P No. 12786 of 2025 evidence. There is no recovery at the instance of this petitioner/accused No.2. The petitioner/accused No.2 is the wife of the deceased. The pillow and blood stained clothes are recovered at the instance of accused No.1. The petitioner is a woman and as the charge sheet has already been filed, the petitioner is not required for custodial interrogation. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor would contend that, petitioner/accused No.2 along with accused No.1 purchased thirty sleeping pills from the medical shop and the statement of medical shop owner has been recorded. The pillow has been recovered at the instance of accused No.1 from the house and pillow cover has been recovered from the spot at the time of drawing spot Mahazar. The offence alleged against the petitioner/accused No.2 is a heinous offence and is punishable either with death or imprisonment for life. With these, she prayed for rejection the petition. - 4 - HC-KAR NC: 2025:KHC:41171 CRL.P No. 12786 of 2025 5. Having heard the learned counsels appearing for the parties, this Court has perused the FIR, charge sheet and other materials placed on record. 6. The deceased was husband of petitioner/accused No.2 and father of accused No.1. The deceased was Ex-serviceman. It is alleged that, the deceased was insisting the accused persons to maintain discipline as of soldiers and they were fed up with the same and conspired to commit murder. The accused persons purchased sleeping pills and mixed it in the food and made the deceased to consume it. While the deceased was sleeping, accused Nos.1 and 2 placed a pillow over the face of the deceased and as the deceased woke up, accused No.1 sat on his chest and held his neck which resulted in his death. 7. The entire case of the prosecution is based on circumstantial evidence. There is no recovery at the instance of this petitioner herein. One of the circumstances against this petitioner is that, she went along with accused - 5 - HC-KAR NC: 2025:KHC:41171 CRL.P No. 12786 of 2025 No.1 for purchase of sleeping pills. As the case is based on circumstantial evidence, the prosecution has to prove each of the circumstances at trial. The petitioner is a woman and as the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner has made out a case for grant of bail with conditions. In the result, I pass the following: ORDER This Criminal Petition is allowed. The petitioner is granted bail in Crime No.45/2025 of Viveknagar Police Station and is ordered to be released on bail, 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. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. - 6 - HC-KAR NC: 2025:KHC:41171 CRL.P No. 12786 of 2025 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.: 4