- 1 - HC-KAR NC: 2026:KHC:33576 CRL.P No. 7038 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7038 OF 2026 (439(CR.PC) / 483(BNSS)) BETWEEN: SMT ROZI @ MAHADEVI W/O ANTHONY RAJ AGED ABOUT 28 YEARS R/AT NO.130, AROGYA MATTHE ROAD, NEAR ARAYALI MARA MYALASANDRA BEGUR HOBLI BENGALURU- 560 068. …PETITIONER (BY SRI. G RAKESH RAJ., ADVOCATE) AND: STATE BY KARNATAKA THROUGH ELECTRONIC CITY PS REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING BANGALORE-560001. …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP.) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE PETITIONER ON BAIL IN CRIME NO.35/2026 REGISTERED BY ELECTRONIC CITY POLICE FOR THE OFFENCES P/U/S 103(1), 61(2) R/W 3(5) OF BNS REGISTERED BY RESPONDENT ELECTRONIC CITY POLICE PENDING BEFORE IN THE COURT OF THE CJM BENGALURU RURAL DISTRICT, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33576 CRL.P No. 7038 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 in Crime No.35/2026 registered by Electronic City Police Station, Bengaluru City, for offence punishable under Sections 103(1), 61(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023'), is before this Court in this criminal petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘BNSS, 2023’) seeking regular bail. 2. Heard learned counsel appearing for the petitioner and learned ASPP appearing for the respondent-State. 3. FIR in Crime No.35/2026 was registered by the Electronic City Police Station, Bengaluru City, for the aforesaid offences against one Anthony Raj based on the first information dated 07.02.2026 received from one Smt.Lurd Mary, aged about 62 years, mother of the deceased Yesu Balaraju. In the said case, the petitioner was arrested on 10.02.2026 and remanded to judicial - 3 - HC-KAR NC: 2026:KHC:33576 CRL.P No. 7038 of 2026 custody. Her bail application filed before the Trial Court in Criminal Misc.No.436/2026 was rejected on 27.03.2026. Therefore, the petitioner is before this Court. 4. Complainant, Smt.Lurd Mary is the mother of accused No.1-Anthony Raj and deceased Yesu Balaraju. She is the alleged eyewitness to the incident in question. FIR in the present case was registered only against Anthony Raj and there is no allegation whatsoever as against the petitioner herein in the first information submitted by the mother of the deceased, who is the alleged eyewitness to the incident in question. The petitioner is said to be the wife of accused No.1-Anthony Raj. It appears that she has deserted her husband and is residing with accused No.3. Allegation now found in the remand application of the accused Nos.2 and 3 is that at their instigation, accused No.1 committed the murder of his brother, Yesu Balaraju. 5. Undisputedly, presence of accused No.2 at the spot of crime is not found in the FIR. The allegation of - 4 - HC-KAR NC: 2026:KHC:33576 CRL.P No. 7038 of 2026 instigation is also made in the further statement of the first informant, which was recorded belatedly. 6. Petitioner, who is a lady, aged about 28 years, having no other criminal antecedents, is in custody from 10.02.2026 onwards. Investigation of the case is completed and charge sheet has been filed. 7. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following order: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.35/2026 registered by Electronic City Police Station, Bengaluru City, for offence punishable under Sections 103(1), 61(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: - 5 - HC-KAR NC: 2026:KHC:33576 CRL.P No. 7038 of 2026 a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with one surety 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 her 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 her is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DM LIST NO.: 1 SL NO.: 83