- 1 - HC-KAR CNR: KAHC010467342026 NC: 2026:KHC:41669 CRL.P No. 10057 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10057 OF 2026 BETWEEN: SMT. USHA W/O MURALI AGED ABOUT 33 YEARS R/AT KODAGURKI VILLAGE BUDIKOTE POST BANGARPET TALUK - 563 162 AADHAR NO.811876726840. …PETITIONER (BY SRI MAHENDRAPAL, ADV., FOR SRI UMESH B.N, ADV.) AND: STATE OF KARNATAKA BY BUDIKOTE POLICE STATION BANGARPET TALUK KOLAR DISTRICT - 563 162 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE OF THE PETITIONER ON BAIL IN CR.NO.15/2026 IN S.C.NO.118/2026 PENDING ON THE FILE BEFORE THE HONBLE III ADDL.DIST. AND SESSIONS JUDGE AT K.G.F KOLAR DIST. FOR THE OFFENCE P/U/S 103(1) OF BNS. 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: KAHC010467342026 NC: 2026:KHC:41669 CRL.P No. 10057 of 2026 ORAL ORDER 1. Accused in Crime No.15/2026 registered by Budikote Police Station, K.G.F., for the offences punishable under Section 103(1) 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.15/2026 was registered by Budikote Police Station, K.G.F., for the aforesaid offences against the petitioner herein based on the first information dated 02.03.2026 received from Murali who is the husband of the petitioner. In the said case, petitioner was arrested on 02.03.2026 and remanded to judicial custody. After completing investigation, charge sheet has been filed against her for the aforesaid offences. Her bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.497/2026 was rejected on 24.06.2026. Therefore, petitioner is before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that petitioner's husband - 3 - HC-KAR CNR: KAHC010467342026 NC: 2026:KHC:41669 CRL.P No. 10057 of 2026 was in an illicit relationship. Therefore, there was a serious matrimonial dispute and the petitioner who was frustrated, had decided to commit suicide along with her two children. Petitioner was rescued by CW-3 after she had thrown her children into the sump near a temple. He, accordingly prays to allow the petition. 5. Per contra, learned HCGP submits that two innocent minor children have died in the incident in question. Petitioner has committed a heinous offence. Accordingly, he prays to dismiss the petition. 6. First informant in the present case is the husband of the petitioner. Their marriage was solemnized about six years prior to the alleged date of incident and from the wedlock, they have three children. It appears that there was a serious matrimonial dispute between the first informant and the petitioner herein and therefore number of panchayaths were also held in this regard earlier. However, since the dispute had not settled, petitioner who was frustrated had taken her twin children along with her on 02.03.2026 near Sri Venugopalaswamy Temple and - 4 - HC-KAR CNR: KAHC010467342026 NC: 2026:KHC:41669 CRL.P No. 10057 of 2026 after throwing her children to the water sump of the temple, was attempting to jump into the said sump when CW-3 rescued her. It is under these circumstances, first information was registered against her for the aforesaid offences. 7. Investigation of the case is completed and charge sheet is filed. Considering the background in which the incident in question has taken place and also the fact that the petitioner is required to take care of her surviving son who is aged five years, and also taking into consideration the proviso to Section 480(1) of BNSS, 2023, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 8. The Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.15/2026 registered by Budikote Police Station, K.G.F., for the offences punishable under Section 103(1) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with one surety for the likesum, to the satisfaction of the jurisdictional Court; - 5 - HC-KAR CNR: KAHC010467342026 NC: 2026:KHC:41669 CRL.P No. 10057 of 2026 b) 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) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioner shall not involve in similar offences in future; e) 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