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2026 DAILYLAW 21698 (KAR)

SMT NETHRAVATHI v. STATE BY KARNATAKA BY

CRL.P/6457/2026 · 2026-06-16

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:29441 CRL.P No. 6457 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6457 OF 2026 BETWEEN: SMT. NETHRAVATHI W/O SHIVAKUMARA AGED ABOUT 46 YEARS MALLIPATTANA HOBLI SOMPURA VILLAGE ARAKALGUD TALUK HASSAN - 573 130. …PETITIONER (BY SRI KUMARA K.G, ADV.) AND: STATE BY KARNATAKA BY ARAKALGUD POLICE STATION HASSAN DISTRICT - 573 102 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BULILDING BANGALORE - 560 001. …RESPONDENT (BY SMT RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE ON BAIL IN C.C.NO.145/2026 IN CR.NO.228/2025) REGISTERED BY THE RESPONDENT ARAKALAGUD P.S FOR THE OFFENCE P/U/S 189(2),191(2),191(3),352,115(2), 118(1),109,103(1) R/W 190 OF BNS 2023 PENDING ON THE FILE OF THE PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT ARAKALAGUD HASSAN DIST. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29441 CRL.P No. 6457 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.6 in Crime No.228/2025 registered by Arakalagud Police Station, Hassan, for the offences punishable under Sections 103, 109, 118(1), 115(2), 54 and 190 of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.228/2025 was registered by Arakalagud Police Station, Hassan, initially for the offences punishable under Sections 189(2), 191(2), 191(3), 352, 118(1), 109, 103(1), 190 of BNS, 2023, against Rajashekhara and eight others based on the first information dated 30.11.2025, received from Shashank S/o Dayakara. Petitioner is arraigned as accused No.6 in the FIR. During the course of investigation, she was arrested on 07.12.2025 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against six persons. Bail application filed by the petitioner before the jurisdictional Sessions Court in - 3 - HC-KAR NC: 2026:KHC:29441 CRL.P No. 6457 of 2026 Crl.Misc.No.273/2026 was rejected on 07.04.2026. Therefore, she is before this Court. 4. Perusal of the material on record reveals that there was a serious property dispute between the accused persons and the family members of deceased Dayakar. The parties were already before Civil Court in OS No.103/2022. On 30.11.2025 at about 07.30 a.m. when accused Nos.2 and 7 were cutting silver oak trees in the property bearing Sy.No.43/5 at the instance of accused No.1, deceased, who came there objected for the same. It is in this background, there was a quarrel between the parties and accused No.5, who came there allegedly informed accused No.2 to cut and remove the standing trees grown in the property belonging to accused No.1. Subsequently, accused No.1 came to the said spot armed with a long which belonged to accused No.5 and asked his wife - accused No.6 to bring chilli powder from their house. Thereafter, accused No.6, who brought chilli powder allegedly threw the same on the face of Dayakar and accused No.1 allegedly assaulted him with the weapon which he had brought and committed his murder. - 4 - HC-KAR NC: 2026:KHC:29441 CRL.P No. 6457 of 2026 When CW2 tried to interfere, even he was assaulted by accused No.1 causing simple injuries to him. 5. CW3 to CW8 are said to be the alleged eyewitnesses to the incident in question. Even if the entire prosecution allegations are presumed to be true, the only allegation as against the petitioner is that she had brought chilli powder at the instance of her husband (accused No.1) and had thrown the same on the face of Dayakar. There is no allegation as against her about assaulting either the deceased or the injured victim. Accused Nos.3, 4 and 7 to 9 are said to have been granted regular bail in the present case by the jurisdictional Court of Sessions Judge. Undisputedly, petitioner has no criminal antecedents and she is in custody for the last more than six months. Petitioner is a married lady aged about 46 years. Considering the nature of allegations against her and also taking consideration of Proviso to Section 480 of BNSS, 2023, I am of the opinion that her prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.228/2025 registered by - 5 - HC-KAR NC: 2026:KHC:29441 CRL.P No. 6457 of 2026 Arakalagud Police Station, Hassan, for the offences punishable under Sections 103, 109, 118(1), 115(2), 54 and 190 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN/List No.: 1 Sl No.: 82