- 1 - HC-KAR NC: 2026:KHC:4919 CRL.P No. 17601 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17601 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SHAKUNTHALA W/O, NANJUNDAPPA, AGED ABOUT 40 YEARS, R/AT #266, 7TH CROSS, J.C NAGARA, MYSURU-01 PERMANENT ADDRESS T.T DODDI VILLAGE, RAMANAGARA, RAMANAGARA-01 …PETITIONER (BY SRI. PRATHEEP.K.C.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY NAZARBAD POLICE STATION HASSAN DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 560 001. …RESPONDENT (BY SRI. HARISH GANPATHY, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4919 CRL.P No. 17601 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN S.C.NO.185/2025 (CRIME NO.23/2025) PENDING ON THE FILE OF HONBLE VII ADDL SESSIONS JUDGE AT MYSURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103(1), 238 OF BNS BY NAZARBAD POLICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by sole accused under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in SC No.185/2025 (Crime No.23/2025 of Nazarbad Police Station) registered for the offences punishable under Sections 103(1), 238 of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned VII Additional Sessions Judge, Mysore. 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent/State. - 3 - HC-KAR NC: 2026:KHC:4919 CRL.P No. 17601 of 2025 3. The learned counsel for the petitioner would contend that there are no eyewitnesses to the alleged incident and that the prosecution case is based solely on circumstantial evidence, except for the recovery of the golden articles belonging to the deceased at the instance of this petitioner and also from her house. There are no other circumstances. As the prosecution case is based on circumstantial evidence, the prosecution is required to prove each circumstance during the course of trial. The petitioner is a woman and has two daughters. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for respondent/State would contend that the death of the deceased has taken place in the house of petitioner and the petitioner has to explain the reason for the death of deceased in her house. The petitioner herself intimated - 4 - HC-KAR NC: 2026:KHC:4919 CRL.P No. 17601 of 2025 the son of the deceased about the death of the deceased in her house. There is a recovery of a golden chain of the deceased pledged by the petitioner from the jeweller. The CCTV footage of the jeweller's shop has been seized. Some of the jewels kept in the house of the petitioner have been seized under mahazar at her instance. The charge sheet materials would show a prima case against the petitioner for the offence alleged against her. With this, he prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. As per the charge sheet, the case of the prosecution is that the petitioner had borrowed four golden bangles, kept and pledged them and taken money from the Durga Bankers and Muthoot Finance. When the deceased insisted for repayment of her golden bangles, the petitioner prayed for time. When the deceased insisted - 5 - HC-KAR NC: 2026:KHC:4919 CRL.P No. 17601 of 2025 that she either pay the money or sleep with somebody and pay the amount, enraged by that the petitioner assaulted her, dashed her head against the floor and wall, placed her knees on her chest, pressed her neck, and thereby caused her death. The petitioner took the gold chain thali of the deceased, pledged the gold chain, and kept the remaining portion at her house. The case of the prosecution is based on circumstantial evidence. The pledged gold chain was recovered at the instance of the petitioner from Durga Bankers Jewellery Shop, and the other portions were recovered from her house. The death of the deceased occurred in the house of the petitioner. As the case of the prosecution is based on circumstantial evidence, each of the circumstances has to be established by the prosecution at trial. The petitioner is a woman and has two daughters to look after. There are no criminal antecedents of the petitioner. 7. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. - 6 - HC-KAR NC: 2026:KHC:4919 CRL.P No. 17601 of 2025 In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in SC No.185/2025 (Crime No.23/2025 of Nazarbad Police Station) registered for the offences punishable under Sections 103(1), 238 of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned VII Additional Sessions Judge, Mysore subject to following conditions. a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. - 7 - HC-KAR NC: 2026:KHC:4919 CRL.P No. 17601 of 2025 c) The petitioner shall attend the Trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE bkm List No.: 1 Sl No.: 17