- 1 - HC-KAR NC: 2026:KHC:25736 CRL.P No. 2453 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2453 OF 2026 BETWEEN: 1. SMT. SAVITHA AGED 31 ABOUT YEARS W/O LATE SIDDESHA R/AT MUDUGURU VILLAGE GUNDLUPETE TALUK CHAMARAJANAGARA DISTRICT - 571 111. 2. SRI SIDDARAJU @ SIDDU AGED 30 ABOUT YEARS S/O MAHADEVASHETTY R/AT HEMMARAGALA VILLAGE NANJANAGUD TALUK MYSURU DISTRICT - 571 301. …PETITIONERS (BY SRI P. NATARAJU, ADV.) AND: STATE OF KARNATAKA BY TERAKANAMBI POLICE STATION CHAMARAJANAGARA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO RELEASE THEM ON BAIL IN CR.NO.42/2025 REGISTERED BY TERAKANAMBI POLICE STATION, CHAMARAJANAGARA DISTRICT, FOR THE OFFENCS P/U/S 103(1), 238(a),61(2), 351(2), R/W 3(5) OF BNS, PENDING ON THE FILE OF THE LD. PRL. DISTRICT AND SESSIONS JUDGE, AT Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25736 CRL.P No. 2453 of 2026 CHAMARAJANAGARA IN SC.NO.54/2025 BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 and 2 in SC No.54/2025 pending before the Court of Principal District and Sessions Judge, Chamarajanagara, arising out of Crime No.42/2025 registered by Terakanambi Police Station, Chamarajanagara, for the offences punishable under Sections 103(1), 238(a), 61(2), 351(2) read with Section 3(5) of BNS, 2023, are before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioners and the learned HCGP appearing on behalf of respondent - State. 3. FIR in Crime No.42/2025 was registered by Terakanambi Police Station, Chamarajanagara, initially for the offences punishable under Sections 103(1), 238(a) and 3(5) of BNS, 2023, against petitioners herein based on the first information - 3 - HC-KAR NC: 2026:KHC:25736 CRL.P No. 2453 of 2026 dated 09.04.2025 received from Mahadevamma, who is the mother of deceased Siddesh. During the course of investigation, petitioners herein, who are arrayed as accused Nos.1 and 2 in the FIR were arrested on 10.04.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against them for the aforesaid offences. Bail application filed before the Trial Court in SC No.54/2025 was rejected and it is under these circumstances, they are before this Court. 4. Material on record would go to show that accused No.1 is the wife of deceased Siddesh. In the first information, it is alleged that accused No.1 had illicit relationship with accused No.2 and therefore, first informant and other family members had advised accused Nos.1 and 2 and inspite of the same, they had continued the relationship. It is in this background, first informant had brought Siddesh and family members to their house and they were residing together. On the intervening night of 02.04.2025 and 03.04.2025, first informant and the deceased had slept in the hall of their house while petitioner No.1 and her daughter had slept inside the room. In the - 4 - HC-KAR NC: 2026:KHC:25736 CRL.P No. 2453 of 2026 midnight, first informant heard her son shouting and when they got up, she found that her son's body had caught fire and he ran and jumped into the water tank. Immediately, neighbourers came there and thereafter, shifted Siddesh to Hospital. On 05.04.2025, Siddesh had died in the Hospital while undergoing treatment. Subsequently, on 09.04.2025, first informant had approached the police suspecting foul play in the death of her son and it is under these circumstances, FIR was registered against petitioners herein in the present case. 5. The inordinate delay of six days in approaching the police has not been explained properly. Even otherwise, the entire case of the prosecution is based on circumstantial evidence. First informant has not stated in the first information which is belatedly filed after six days, about the presence of accused No.2 in her house on the alleged date of incident. Petitioners, who have no other criminal antecedents are in custody for the last more than one year. Undisputedly, they do not have any criminal antecedents. Under the circumstances, I am of the opinion that their prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- - 5 - HC-KAR NC: 2026:KHC:25736 CRL.P No. 2453 of 2026 6. The petition is allowed. The petitioners are directed to be enlarged on bail in SC No.54/2025 pending before the Court of Principal District and Sessions Judge, Chamarajanagara, arising out of Crime No.42/2025 registered by Terakanambi Police Station, Chamarajanagara, for the offences punishable under Sections 103(1), 238(a), 61(2), 351(2) read with Section 3(5) of BNS, 2023, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; - 6 - HC-KAR NC: 2026:KHC:25736 CRL.P No. 2453 of 2026 e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 64