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2025 DAILYLAW 83412 (KAR)

BHAGYA v. STATE OF KARNATAKA BY

CRL.P/7611/2025 · 2025-11-05

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44862 CRL.P No. 7611 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. 7611 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. BHAGYA W/O NARASIMHAMURTHY K R AGED ABOUT 44 YEARS R/AT KURUBARANETTU (VALMIKI NAGARA) SULIBELE TOWN HOSKOTE TALUK BENGALURU RURAL DISTRICT PIN-562 159. …PETITIONER (BY SRI. BASAVARAJU T A, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SULIBELE POLICE STATION BENGALURU RURAL DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR PUBLIC PROSECUTOR OFFICE HIGH COURT BUILDING HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI BENGALURU – 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44862 CRL.P No. 7611 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.No.181/2023 OF SULIBELE POLICE STATION, BENGALURU RURAL DISTRICT, FOR AN OFFENCE PUNISHABLE UNDER SECTIONS 302, 201, 202 READ WITH 34 OF IPC, WHICH IS PENDING ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN S.C.No.219/2024. 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 BNSS praying to grant bail in Crime No.181/2023 of Sulibele Police Station registered for offences punishable under Sections 302, 201, 202 r/w 34 of IPC pending on the file of I Additional District and Sessions Judge, Bengaluru Rural District in S.C.No.219/2024. 2. Heard learned counsel for petitioner and learned HCGP for respondent / State. 3. Learned counsel for petitioner would contend that there are no eyewitnesses to the incident and the case of - 3 - HC-KAR NC: 2025:KHC:44862 CRL.P No. 7611 of 2025 the prosecution is based on circumstantial evidence. Accused Nos. 2 and 4 have already been granted bail and accused No.3 is a juvenile offender. He further submits that the circumstances against this petitioner are last seen by CW.4 and CW.5, who have already examined and supported the case of the prosecution. Another circumstance is recovery of a key kept in a switch board of house, clothes, mop and towel at the instance of the petitioner. The motive alleged against the petitioner is regarding division of the property. Already 11 witnesses are examined and in charge sheet total witnesses cited are 38. The witnesses are not attending the Court and since last four months only one witness has been examined. The petitioner is a woman. Therefore, the petitioner is entitled for grant of bail. With this he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the case involves a double murder. The petitioner is daughter- in-law of two deceased persons. The voluntary statement of the petitioner itself clearly indicates the overt acts of - 4 - HC-KAR NC: 2025:KHC:44862 CRL.P No. 7611 of 2025 her assaulting both the deceased persons. The trial is in progress. If the petitioner is enlarged on bail, there are chances of she tampering with the prosecution witnesses and flee from justice. With this, he prayed for rejection of the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. Petitioner/accused No.1 is the daughter-in-law of two deceased persons namely Muniramakka and Ramakrishnappa. The husband of petitioner had borrowed money and in order to hide from persons who lent money, he had left the house and this petitioner had secured him stating that after selling the property the loan can be repaid. The petitioner asked her in-laws for sale of the property and they did not agree and therefore, the petitioner and other accused conspired to kill both the deceased persons. In furtherance of the conspiracy, on 09.12.2023, accused persons assaulted Muniramakka - 5 - HC-KAR NC: 2025:KHC:44862 CRL.P No. 7611 of 2025 when she was preparing food in the kitchen with iron rod and committed her murder. Thereafter when her father-in- law Ramakrishnappa came to the house, he was assaulted with iron rod by this petitioner on his forehead and accused No.2 put a towel in his mouth. In order to vanish the evidence and to show some other thing, the petitioner and other accused have washed the iron rod and put it in the hands of deceased and cleaned the blood stains in the house. The case of the prosecution is based on circumstantial evidence. The prosecution has already examined 11 witnesses and it has to examine remaining witnesses. As the case of the prosecution is based on circumstantial evidence, the prosecution has to prove each of the circumstances at trial. As the trial is in progress, if the petitioner is granted bail in a double murder case, there are chances of she tampering the remaining prosecution witnesses and flee from justice. Considering the above aspect, the petitioner has not made out any - 6 - HC-KAR NC: 2025:KHC:44862 CRL.P No. 7611 of 2025 grounds for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 2 Sl No.: 33 Ct.sm