Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010414322026 NC: 2026:KHC:39361 CRL.P No. 8739 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8739 OF 2026 BETWEEN:
SMT. KAMALA W/O SUDARSHAN AGED ABOUT 31 YEARS R/A KANAGALA BEEDI SANTHE MARKET BACKSIDE N.R. PURA TALUK CHIKKAMAGALURU - 577 134. …PETITIONER (BY SRI UTSAV GOWDA P.S, ADV.) AND:
STATE OF KARNATAKA BY N.R. PURA P.S REP BY SPP HIGH COURT OF KARNATAKA AT BENGALURU - 01. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.43/2025 FOR THE OFFENCE P/US/ 49,61(2)(a),103(1),238(a),238(b) AND 3(5) OF BNS BEFORE RESPONDENT POLICE STATION PENDING ON THE FILE OF THE LEARNED II ADDL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU BEARING S.C.NO.113/2025.
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
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HC-KAR
CNR: KAHC010414322026 NC: 2026:KHC:39361 CRL.P No. 8739 of 2026
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused No.1 in SC No.113/2025 pending before the Court of II Additional District and Sessions Judge, Chikkamagaluru, arising out of Crime No.43/2025 registered by N. R. Pura Police Station, Chikkamagaluru, for the offences punishable under Sections 49, 61(2)(a), 103(1), 238(a), 238(b) and 3(5) 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.43/2025 was registered by N. R. Pura Police Station, Chikkamagaluru, against the petitioner and others based on the first information dated 25.05.2025 received from Niranjana Gowda, police officer attached to N. R. Pura Police Station. In the said case, petitioner herein was arrested on 25.05.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against four persons and petitioner is arraigned as accused No.1 in the
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HC-KAR
CNR: KAHC010414322026 NC: 2026:KHC:39361 CRL.P No. 8739 of 2026
charge sheet. Her bail application filed before the Trial Court in SC No.113/2025 was rejected on 11.12.2025. Therefore, she is before this Court. 4. Deceased Sudarshan was the husband of the petitioner herein. On 24.05.2025, his dead body was found within the jurisdiction of N. R. Pural Police Station, Chikkamagaluru and thereafter, unnatural death case in UDR No.17/2025 was registered. Since the dead body had injuries on it, the police had interrogated the petitioner, who had confessed to the crime, and thereafter FIR was registered against her and others based on the report received from police officer attached to N. R. Pura Police Station. Investigation of the case is now completed and charge sheet has been filed. 5. As per the charge sheet allegations, petitioner, who was married to Sudarshan had two children from the said wedlock. Subsequently, she had developed illicit relationship with CW24 in whose shop she was working. After coming to know about the same, Sudarshan had asked her not to go to the shop of CW24. Therefore, the petitioner decided to eliminate him and
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HC-KAR
CNR: KAHC010414322026 NC: 2026:KHC:39361 CRL.P No. 8739 of 2026
conspired with accused Nos.2 and 3 to commit the murder of her husband and promised to pay them Rs.3,00,000/- if they commit the murder of her husband Sudarshan. 6.
In furtherance of such conspiracy, on 23.05.2025, accused Nos.2 to 4 had purchased 10 Quetiapine tablets from a medical shop and thereafter, made Sudarshan to consume alcohol, which was mixed with aforesaid tablets. After consuming the alcohol mixed with aforesaid tablets, Sudarshan became unconscious and thereafter, accused Nos.2 to 4 allegedly throttled his neck and committed his murder. The entire case of the prosecution is based on circumstantial evidence. Accused Nos.2 to 4, who are arrested in the present case, are in custody. Petitioner, who is a lady, aged 31 years is in custody in the present case for the last more than one year. Trial in the case is yet to commence. Considering the aforesaid aspects of the matter and also taking into consideration the Proviso to Section 480 of BNSS, 2023, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following
order:
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HC-KAR
CNR: KAHC010414322026 NC: 2026:KHC:39361 CRL.P No. 8739 of 2026
7. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.113/2025 pending before the Court of II Additional District and Sessions Judge, Chikkamagaluru, arising out of Crime No.43/2025 registered by N. R. Pura Police Station, Chikkamagaluru, for the offences punishable under Sections 49, 61(2)(a), 103(1), 238(a), 238(b) and 3(5) 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 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;
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HC-KAR
CNR: KAHC010414322026 NC: 2026:KHC:39361 CRL.P No. 8739 of 2026
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
DN/List No.: 1 Sl No.: 87