- 1 - HC-KAR NC: 2025:KHC:34847 CRL.P No. 11771 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11771 OF 2025 BETWEEN: 1. SMT. MEENAKSHAMMA W/O. BASAVARAJU, AGED ABOUT 44 YEARS 2. SMT. ASHWATHAMMA W/O. YELESIDDAPPA, AGED ABOUT 57 YEARS BOTH THE PETITIONERS ARE RESIDING AT GIREGOWDANAHALLI VILLAGE, BADAKANAHALLI POST, PURAVARA HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT - 572135 …PETITIONERS (BY SRI. S. MAHESH, ADVOCATE) AND: STATE OF KARNATAKA BY KODIGENAHALLI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560001. …RESPONDENT (BY SRI. RANGA SWAMY .R., HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34847 CRL.P No. 11771 of 2025 BAIL ARRAIGNED AS ACCUSED NOS.4 AND 5 IN CR.NO.57/2025 REGISTERED BY RESPONDENT KODIGENAHALLI POLICE, FOR THE OFFENCES P/U/S 189(2), 109, 352, 351(2), 190, 103(1) OF BNS, 2023, PENDING ON THE FILE OF HONBLE PRL. CIVIL JUDGE (SR.DN) AND CJM COURT, MADHUGIRI, TUMAKURU DISTRICT IN THE EVENT OF THEIR ARREST. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioners, the learned HCGP for the state and perused the material on record. 2. Petitioners are arraigned as accused Nos.4 and 5 in Crime No.57/2025 of Kodigenahalli Police Station, Tumakuru, registered for the offence punishable under Sections 189(2), 109, 352, 351(2), 190 of the BNS, 2023. 3. The incident took place on 21.05.2025 at about 05.45 p.m. The injured by name Chowdamma died on - 3 - HC-KAR NC: 2025:KHC:34847 CRL.P No. 11771 of 2025 account of the injuries sustained by her on 22.05.2025 Hence, Section 103 of BNS, 2023 was included. 4. FIR is registered on a complaint lodged by Krishnamurthy Son of deceased Chowdamma, against accused Nos. 1 to 5. Perusal of the FIR contents reveal that, on account of a land dispute, accused Nos.1 to 5 allegedly picked up quarrel with complainant's wife and mother and assaulted them with a club etc. 5. As per complaint and complainant's further statement, the only allegation against the petitioners are that, they held the tuft of complainant's wife and hit on her back with a stone. There is no allegation that they have assaulted deceased Chowdamma. At this stage, it cannot be said that the accused / petitioners came to the spot with a common object to commit the murder of Chowdamma. 6. The learned counsel for petitioners has furnished a copy of the bail order in respect of accused Nos. 1 and 3 - 4 - HC-KAR NC: 2025:KHC:34847 CRL.P No. 11771 of 2025 in Crl.P.No.8990/2025 disposed on 08.07.2025. Petitioners are women. In the facts and circumstances, by imposing conditions, the relief sought in the petition can be granted. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioners / accused Nos.4 and 5 in Crime No.57/2025 registered by Kodigenhalli Police Station, Tumakuru shall be released in the event of their arrest, subject to following conditions: a) The petitioners shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties for likesum. b) They shall furnish proof of their residential address and shall inform the Investigating Officer/Court, if there is any change in the address. - 5 - HC-KAR NC: 2025:KHC:34847 CRL.P No. 11771 of 2025 c) They shall be available for the purpose of investigation as and when required and shall co-operate with the investigation. d) They shall not tamper with the prosecution witnesses either directly or indirectly. e) They shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE MKM CT:VS List No.: 1 Sl No.: 26