- 1 - HC-KAR NC: 2025:KHC-D:13906 CRL.P No. 103551 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103551 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SMT. SHAKUNTHALA @ MADHU W/O. VEERANNA HIREMATH, AGE. 35 YEARS, OCC. HOUSEHOLD, R/O. MUGULI VILLAGE, PO. MADHANABHAVI, TQ.DIST. DHARWAD-580105. (NOW SHE WAS IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. MALLESHI S.YADAHALLI, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH APMC NAVANAGAR P.S.) REP. BY SPP, HIGH COURT BUILDING, DHARWAD-580001. …RESPONDENT (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO ALLOW THIS PETITION, GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.01 IN SC NO.5070/2025, PENDING ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, ARISING OUT OF THE APMC NAVANAGAR P.S. CRIME NO.37/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 238, 3(5) OF BNS. 2023 IN THE INTEREST OF JUSTICE. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13906 CRL.P No. 103551 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner who is arraigned as accused No.1 is before this Court seeking regular bail in Crime No.37/2025 of APMC Navanagar Police Station for the offences punishable under Sections 103(1) and 238 r/w. Section 3(5) of Bharatiya Nyaya Sanhita, 20231, pending on the file of I-Additional District and Sessions Judge, Dharwad, sitting at Hubballi. The factual matrix of the case; 2. The complainant is the son of the deceased Manjunath. He lodges a complaint stating that his father had illicit relationship with the petitioner herein and there was a quarrel between them in respect of gold and cash of which the deceased had given to the petitioner. On the fateful day, when he was staying in the house of petitioner there was a quarrel between them. It is alleged that, she 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:13906 CRL.P No. 103551 of 2025 assaulted him with rolling pin and committed his murder. Thereafter, in order to causing disappearance of the evidence, she shifted the dead body into the gunny bag and transported the dead body and thrown the same within the jurisdiction of Bankapur. 3. Initially a complaint was registered as UDR, subsequently, during investigation the involvement of the petitioner came to be found on the strength of voluntary statement of the accused. The respondent/Police after conducting the investigation submitted the charge-sheet. 4. It is the submission of the learned counsel for the petitioner that the entire case is based on the circumstantial evidence. None of the witnesses have spoken about the presence of the deceased in the house of the petitioner on the date of alleged incident. Such being the fact keeping the petitioner in Judicial Custody would not serve any purpose. Moreover, she is a woman aged about 35 years. Considering the facts and circumstances of the case, she may be enlarged on bail by imposing suitable conditions. - 4 - HC-KAR NC: 2025:KHC-D:13906 CRL.P No. 103551 of 2025 5. Per contra, the learned High Court Government Pleader vehemently submitted that she is the prime accused and she has committed the murder of the deceased and it has been established by the statements of the witnesses. Therefore, she is not entitled for bail. Making such submissions, he prays to reject the petition. 6. Having heard the learned counsel for the respective parties and also perused the averments of the charge-sheet, it appears from the records that, the entire case is based on the circumstantial evidence. The complainant is none other than the son of the deceased who lodges a complaint stating that his father had illicit relationship with accused No.1. There was a dispute between the petitioner and his father in respect of monetary transaction. 7. Though, it is stated that the petitioner had killed the deceased by assaulting with rolling pin, the fact remain that the entire case is based on the circumstantial evidence. None of the witnesses have spoken about the presence of - 5 - HC-KAR NC: 2025:KHC-D:13906 CRL.P No. 103551 of 2025 the deceased in the house of the petitioner. Therefore, it is appropriate to grant bail as prayed for. 8. Hence, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.37/2025 of APMC Navanagar Police Station for the offences punishable under Sections 103(1) and 238 r/w. Section 3(5) of BNS, 2023, pending on the file of I-Additional District and Sessions Judge, Dharwad, sitting at Hubballi, by executing a personal bond of ₹1,00,000/- [Rupees One Lakh only] with one surety to the satisfaction of the Trial Court subject to following conditions; a) The petitioner shall appear before the Trial Court on all hearing dates without fail. - 6 - HC-KAR NC: 2025:KHC-D:13906 CRL.P No. 103551 of 2025 b) The petitioner shall not tamper the prosecution witnesses nor hamper the proceedings of the Court. c) The petitioner shall cooperate with the investigation till filing of the final report. d) The petitioner shall not leave the jurisdiction till filing of the charge-sheet. Sd/- (S.RACHAIAH) JUDGE PJ/ CT: UMD List No.: 1 Sl No.: 41