- 1 - HC-KAR NC: 2025:KHC:53048 CRL.P No. 15815 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15815 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SMT ARTI SHARMA AGED ABOUT 38 YEARS W/O SRI. MANOJ KUMAR R/AT NO. 1703, LANDT SOUTH CITY APARTMENT, ARAKERE, MICHO LAYOUT, JP NAGAR, BENGALURU-560 076. …PETITIONER (BY SRI. SANDESH J CHOUTA, SENIOR COUNSEL FOR SRI MAHESH Y L., ADVOCATE) AND: 1. STATE OF KARNATAKA BY PUTTENAHALLI PS REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT.B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HER ON BAIL IN CONNECTION WITH CRIME NO.280/2025 REGISTERED BY THE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53048 CRL.P No. 15815 of 2025 PUTTENAHALLI POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 103(1), 238 AND 324(5) R/W 3(5) OF THE BNS 2023 WHICH IS PRESENTLY PENDING ON THE FILE OF THE HONBLE 30TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU. 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 Nagarik Suraksha Sanhita, 2023 is praying to grant bail in Crime No.280/2025 of Puttenahalli Police Station registered for the offences punishable under Sections 109, 103(1), 238 and 324(5) read with Section 3 (5) of Bharatiya Nyay Sanhita, 2023. 2. Heard the learned Senior Counsel for petitioner and learned Additional State Public Prosecutor for respondent/State. 3. The learned Senior Counsel for petitioners would contend that, earlier a case came to be registered in Crime No.102/2025 for the offences punishable under Sections 281, 125(A), 106(1) and Section 134(a) and (b) - 3 - HC-KAR NC: 2025:KHC:53048 CRL.P No. 15815 of 2025 of Indian Motor Vehicles, Act, 1988. Subsequently on the complaint of father of deceased/Darshan, a case came to be registered against the husband of petitioner and another for the aforesaid offences. In the FIR, the name of husband of the petitioner has not been stated, and what is stated is unknown car driver. As per voluntary statement of accused No.1, which is stated in the remand application, petitioner/accused No.2 was not in the car at the time of alleged incident, and she was in the house, and after the incident, she came with the accused No.1/husband to the spot, and both took the mirror of the car fallen there, and went back to the home, and fixed it to the car. The petitioner is a lady, and therefore, she is entered for benefit of provisions contained under Section 480 of BNS, 2023. 4. The learned Senior counsel has placed reliance on several decisions. The police after arrest of the petitioner have not sought police custody, and therefore, she is remanded to judicial custody. Therefore, the - 4 - HC-KAR NC: 2025:KHC:53048 CRL.P No. 15815 of 2025 petitioner is not required for any custodial interrogation. With this, he prayed to allow the petition. 5. Per contra, the learned Additional State Public Prosecutor for the respondent/State would contend that, the investigation is in progress. CCTV footages are collected and sent for examination to FSL. The remand application indicates that, the petitioner accompanied her husband on his bike to the spot after the incident, and took the fallen mirror of their car, and went back and fixed the mirror to the car. With this, she prayed to reject the petition. 6. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record. 7. On the complaint of one Nagaraju, father of deceased Darshan, a case came to be registered in Crime No.280/2025 of Puttenahalli Police Station against unknown car driver and another. The name of petitioner has not been stated in the said complaint. The allegation - 5 - HC-KAR NC: 2025:KHC:53048 CRL.P No. 15815 of 2025 in the complaint, as per prosecution, is against the husband of petitioner who is alleged to have intentionally dashed his car to the motorcycle of deceased and caused death of the deceased, and injuries to pillion rider/Varun. At this stage only the allegation against this petitioner is coming to the spot after the incident on the bike along with her husband/accused No.1 and picking up the mirror fallen on the place of incident, and going back and fixing it to the car. There is no allegation of this petitioner either instigating or abetting her husband to commit the offence. The petitioner is a lady and married having responsibilities. 8. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.280/2025 of Puttenahalli Police Station registered for the offences punishable under Sections 109, 103(1), 238 - 6 - HC-KAR NC: 2025:KHC:53048 CRL.P No. 15815 of 2025 and 324(5) read with Section 3 (5) of Bharatiya Nyay Sanhita, 2023 subject to following conditions. a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to satisfaction of the jurisdictional Court. b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner shall co-operate with the police in further investigation, if any. d) The petitioner shall attend the Trial Court on all dates of hearing, unless exempted, and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE bkm List No.: 1 Sl No.: 9