- 1 - HC-KAR NC: 2025:KHC:49849 CRL.P No. 13819 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13819 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: KUM. NAJMA D/O. ABDUL KHALID, AGED ABOUT 23 YEARS, R/AT: JOPADPATTI, NEAR OYASIS SCHOOL, KANNUR, BAGALUR MAIN ROAD, BENGALURU CITY - 560 063. …PETITIONER (BY SRI. BASAVARAJU T.A., ADVOCATE) AND: STATE OF KARNATAKA SAMPIGEHALLI POLICE STATION, BANGALORE CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR, AT PUBLIC PROSECUTOR OFFICE, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, AMBEDKAR VEEDI, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.6/2023 OF SAMPIGEHALLI POLICE STATION, BANGALORE CITY, FOR AN OFFENCE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49849 CRL.P No. 13819 of 2025 PUNISHABLE UNDER SECTION 302 OF IPC, WHICH IS PENDING ON THE FILE OF LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-63) AT BENGALURU IN S.C.NO.761/2023. 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 sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.6/2023 of Sampigehalli Police Station, Bengaluru City, registered for offence punishable under Section 302 of Indian Penal Code, pending on the file of LXII Additional City Civil Land Sessions Judge, Bengaluru in S.C.No.761/2023. 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 eyewitnesses to the incident and the - 3 - HC-KAR NC: 2025:KHC:49849 CRL.P No. 13819 of 2025 case of the prosecution is based on circumstantial evidence. The circumstances against the petitioner are recovery of her blood stained clothes and CCTV footage containing movement of the petitioner and deceased. The alleged incident has taken place in a sudden quarrel and therefore, the offence under Section 302 of IPC is not attracted and at the most offence under Section 304 of IPC is attracted. The petitioner is a woman. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, the postmortem report indicates that, the deceased has sustained thirteen (13) injuries. The cause of death is due to multiple injuries sustained. The movements of the petitioner and the deceased have been recorded in the CCTV footage and it has been collected. The clothes of the deceased seized at her instance contained blood stains. The charge sheet materials show that, there is a prima-facie - 4 - HC-KAR NC: 2025:KHC:49849 CRL.P No. 13819 of 2025 case against the petitioner for offence alleged against her. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record. 6. Upon the complaint of wife of the deceased, a case has been registered in Crime No.6/2023 of Sampigehalli Police Station for offence under Section 302 of IPC against unknown person. After investigation, the charge sheet has been filed against the petitioner for offence under Section 302 of IPC. As per the charge sheet, the case of the prosecution is that, the deceased took this petitioner to his shed in order to give money for scrap collected from her and where he had sexual intercourse promising to give money. When the deceased refused to give money, there was a quarrel between them and at that time, the petitioner stated to have assaulted the deceased with iron machete and caused his death. The petitioner is in - 5 - HC-KAR NC: 2025:KHC:49849 CRL.P No. 13819 of 2025 judicial custody since 13.01.2023. It is submitted that, till now, only one witness has been examined. There are thirty (30) witnesses cited in the charge sheet. The case of prosecution is based on circumstantial evidence. As the case of prosecution is based on circumstantial evidence, prosecution has to prove each of the circumstances at the trial. 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 conditions with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted bail in S.C.No.761/2023 (Crime No.6/2023 of Sampigehalli Police Station) pending on the file of LXII Additional City Civil Land Sessions Judge, Bengaluru, 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 - 6 - HC-KAR NC: 2025:KHC:49849 CRL.P No. 13819 of 2025 like-sum to the satisfaction of the trial 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 cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 43