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2026 DAILYLAW 8437 (KAR)

SMT. RESHMA v. STATE BY KERAGODU PS.,

CRL.P/17387/2025 · 2026-03-17

S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15537 CRL.P No. 17387 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 17387 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SMT. RESHMA W/O LATE BASHEER SAB AGED ABOUT 28 YEARS R/O KOODALGI VILLAGE B.P THANDA, HOSAPETE TALUK VIJAYANGAR DISTRICT ALSO AT NOW RESIDENCING AT B HOSURU VILLAGE MANDAYA TALUK R/O CHATRANAHALLI DUDDA HOBLI MANDYA TALUK AND DISTRICT …PETITIONER (BY SRI. RAJESH N.,ADVOCATE) AND: STATE BY KERAGODU PS., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU …RESPONDENT (BY SMT.ANITHA GIRISH N, HCGP) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15537 CRL.P No. 17387 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER BY GRANTING BAIL IN CRIME NO.124/2025 OF STATE OF KERAGODU P.S., PUNISHABLE UNDER SECTIONS 103 AND 332(b), 3(5) OF BNSS 2023, WHICH IS PENDING ON THE FILE OF THE COURT OF THE ACJ CIVIL JUDGE (Sr.Dn.) AND CJM COURT MANDYA, MANDYA DISTRICT IN CRL.MISC.NO.921/2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. This petition is filed by the petitioner/accused No.3 seeking regular bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, in Crime No.124/2025 of Keragodu Police Station for the offences punishable under Sections 103 and 332(b) read with 3(5) of BNSS, 2023. 2. The case of the prosecution is that the petitioner is the wife of the deceased, Basheer Sab. The petitioner and the deceased, along with their three children, were living by doing coolie work, particularly in sugarcane harvesting. It is alleged that on the date of the incident, they had come from Bellary to Mandya for the - 3 - HC-KAR NC: 2026:KHC:15537 CRL.P No. 17387 of 2025 purpose of harvesting sugarcane, and they were residing in a temporary shed provided by the owner of the sugarcane field, along with other family members, including the brother of the deceased. 3. It is further alleged that the deceased was consuming alcohol and was in the habit of quarrelling with the petitioner every day. It is further alleged that the deceased was suspecting the fidelity of the petitioner and was dissatisfied on account of an alleged illicit relationship between the petitioner and his brother, Zakir Sab. 4. Further, the case of the prosecution is that on 30.09.2025, the husband of the petitioner had gone to consume alcohol along with one Allahbaksha. It is stated that they had quarrelled with each other. It is further alleged that thereafter, on returning home, the husband of the petitioner informed that he would commit the murder of the said Allahbaksha. It is further alleged that on the same night, after having dinner, the petitioner and the - 4 - HC-KAR NC: 2026:KHC:15537 CRL.P No. 17387 of 2025 deceased were preparing to sleep in the shed. At about 10.00 p.m., the said Allahbaksha, along with one Aman, allegedly entered the shed and committed the murder of the husband of the petitioner. 5. The petitioner immediately lodged a complaint against the said Allahbaksha and Aman, who are stated to be the sons of her brother-in-law. However, during the course of the investigation, the present petitioner has been implicated, and accordingly, she has been arrayed as an accused, and a charge sheet has been filed against her. 6. The submission of the learned counsel for the petitioner is that the petitioner is innocent of the alleged offences. In fact, she had lodged a complaint against accused Nos. 1 and 2, who had killed her husband. She is the eyewitness to the incident. However, the respondent/police have implicated her in a false case and made her one of the accused, which is baseless and false. 7. It is further submitted that the petitioner has three children, and she is doing coolie work to take care of her - 5 - HC-KAR NC: 2026:KHC:15537 CRL.P No. 17387 of 2025 children. She is the permanent resident of Koodalgi Village, BP Thanda, Hosapete Taluk, Vijayanagar District, and she will abide by the conditions to be imposed by this Court in the event of her release. Making such a submission, he prays to allow the petition. 8. Per contra, the learned High Court Government Pleader appearing for the respondent/State vehemently submits that the overt acts attributed against the petitioner have been stated in the charge sheet. It is contended that the petitioner was having an illicit relationship with one Zakir Sab, who is none other than the brother of the deceased, on account of which there were frequent quarrels between the petitioner and her husband. 9. It is further submitted that, in this background, the petitioner had facilitated the accused Nos. 1 and 2 to commit the murder of her husband, and the said aspect has been elicited during the course of investigation. Hence, the respondent/police have rightly filed the charge sheet against her. Therefore, it is not appropriate to grant bail to the - 6 - HC-KAR NC: 2026:KHC:15537 CRL.P No. 17387 of 2025 petitioner. Making such a submission, she prays to reject the petition. 10. Heard the learned counsel for the respective parties and perused the averments made in the FIR. On perusal of the same would indicate that the petitioner, being the wife of the deceased, had initially lodged a complaint on 01.10.2025 against accused Nos. 1 and 2, alleging that they had committed the murder of her husband. However, during the course of the investigation, the present petitioner has also been implicated in the case and arrayed as one of the accused. Considering the nature and circumstances of the case, it is appropriate to grant her bail by imposing suitable conditions that would take care of the apprehension of the prosecution. Hence, I proceed to pass the following. ORDER i) The petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.124/2025 of Keragodu Police Station for the offences punishable - 7 - HC-KAR NC: 2026:KHC:15537 CRL.P No. 17387 of 2025 under Sections 103 and 332(b), 3(5) of BNSS, 2023 on executing personal bond in a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. iii) The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vi) The petitioner shall not indulge in any criminal cases till disposal of the case. In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail granted to the petitioner. Sd/- (S RACHAIAH) JUDGE BKM List No.: 1 Sl No.: 17