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2026 DAILYLAW 31875 (KAR)

SMT. CHITRA G v. STATE BY UDAYAGIRI POLICE

CRL.P/11060/2026 · 2026-07-29

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010508682026 NC: 2026:KHC:39649 CRL.P No. 11060 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11060 OF 2026 BETWEEN: SMT. CHITRA G W/O S. GOPI AGED ABOUT 55 YEARS BOTH ARE R/AT D.NO.320/C 4TH CROSS, K.N.PURA MYSURU - 571 602. ( NOW IN J.C) …PETITIONER (BY SRI HARISH KUMAR M.C, ADV.) AND: STATE BY UDAYAGIRI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT BANGALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THEM ON REGULAR BAIL IN S.C.NO.115/2026 (IN CRIME NO.252/2025 FOR THE OFFENCE P/US/ 80 R/W SEC.3(5) OF BNS AND SEC.3,4,6 OF DP ACT PENDING ON THE FILE OF THE V ADDL DISTRICT AND SESSIONS JUDGE AT MYSURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010508682026 NC: 2026:KHC:39649 CRL.P No. 11060 of 2026 ORAL ORDER 1. Accused no.2 in S.C.No.115/2026 pending before the Court of V Addl. District & Sessions Judge, Mysuru, arising out of Crime No.252/2025 registered by Udayagiri Police Station, Mysuru City, for the offences punishable under Sections 80 read with 3(5) of BNS, 2023, and Sections 3, 4 & 6 of Dowry Prohibition Act, 1961, is before this Court in this successive petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.252/2025 was registered by Udayagiri Police Station, Mysuru City, for the offences punishable under Sections 80 read with 3(5) of BNS, 2023, against Arun Kumar and the petitioner herein based on the first information dated 19.11.2025 received from Saroja - mother of deceased Kavitha. In the said case, petitioner who is the mother of accused no.1 was arrested on 20.11.2025. After completing investigation, charge sheet is filed against two persons and petitioner herein is arrayed as accused no.2. Her bail application filed before the - 3 - HC-KAR CNR: KAHC010508682026 NC: 2026:KHC:39649 CRL.P No. 11060 of 2026 jurisdictional Sessions Court was rejected. Therefore, she had approached this Court in Crl.P.No.3689/2026 which was rejected as against her on 07.04.2026. Subsequently, she had filed a fresh bail application before the Sessions Court in S.C.No.115/2026, which was rejected on 20.07.2026. Therefore, she is before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that petitioner's husband is a heart patient and there is nobody to take care of him. Recently he had a fall and is bedridden. Trial in the case is yet to commence and accused no.1 has already been granted bail. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition, submits that petitioner had quarreled with her daughter-in-law prior to she committing suicide. Accordingly, he prays to dismiss the petition. 6. In the first information submitted by the mother of the deceased, it is stated that marriage of accused no.1 with deceased Kavitha was performed about 2 years 10 months - 4 - HC-KAR CNR: KAHC010508682026 NC: 2026:KHC:39649 CRL.P No. 11060 of 2026 prior to the date on which Kavitha had committed suicide. It is alleged that at the time of marriage, first informant and her family members had given dowry in the form of gold jewellery to the accused. On 18.11.2025 at about 12.00 p.m., accused no.1 had telephoned the son of first informant and informed him that Kavitha had given back her Mangalasutra. When the first informant inquired with Kavitha, she allegedly told her that the Mangalasutra was broke, and therefore, she had handed over the same to her husband for repair. On 19.11.2025, Kavitha had committed suicide by hanging herself in her matrimonial home. It is under these circumstances, FIR was registered against Arun Kumar and the petitioner herein. 7. In the charge sheet which is filed after completing investigation, it is alleged that accused no.1 had purchased the Mangalasutra and handed over to Kavitha. The petitioner thereafter quarreled with Kavitha and had taken back the said Mangalasutra. The allegation in the charge sheet is that in this background, Kavitha had committed suicide on 19.11.2025. In the first information which is submitted, it is specifically stated that on 18.11.2025, when the first informant had inquired with - 5 - HC-KAR CNR: KAHC010508682026 NC: 2026:KHC:39649 CRL.P No. 11060 of 2026 Kavitha, she had stated that Mangalasutra was handed over to her husband since the same was broken and it had to be repaired. 8. Learned Counsel for the petitioner has produced certain medical documents of petitioner's husband which would prima facie go to show that he is a heart patient suffering from single vessel disease. 9. It is brought to the notice of this Court that petitioner's husband is bedridden after he had a fall in their bathroom. The medical records of petitioner's husband would go to show that the doctors who had examined him have advised medical management having regard to the ailment from which he is suffering. 10. Petitioner who is a lady aged about 50 years, is in custody from 20.11.2025. The charges in the case before the Trial Court are yet to be framed. The prosecution has altogether cited 31 charge-sheet witnesses in the present case, and therefore, the chances of the trial being completed in the near future is very remote. Under the circumstances, I am of - 6 - HC-KAR CNR: KAHC010508682026 NC: 2026:KHC:39649 CRL.P No. 11060 of 2026 the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 7. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.115/2026 pending before the Court of V Addl. District & Sessions Judge, Mysuru, arising out of Crime No.252/2025 registered by Udayagiri Police Station, Mysuru City, for the offences punishable under Sections 80 read with 3(5) of BNS, 2023, and Sections 3, 4 & 6 of Dowry Prohibition Act, subject to the following conditions: a) Petitioner shall execute 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; - 7 - HC-KAR CNR: KAHC010508682026 NC: 2026:KHC:39649 CRL.P No. 11060 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 KK