SMT. CHAITHRA v. STATE BY KADUGODI P.S

(BY SRI VINAY MAHADEVAIAH, HCGP) …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE/GRANT THE REGULAR BAIL TO THE PETITIONER/ACCUSED NO.2 IN SC NO.30/2021 ARISING OUT OF CRIME NO.161/2020 KADUGODI POLICE STATION NOW PENDING BEFORE THE HONBLE IX ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT FOR THE ALLEGED OFFENCES P/U/S 302, 397, 201, 120B R/W 34 OF IPC WHEREIN THE PETITIONER IS ARRAYED AS ACCUSED NO.2. 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 HC-KAR - 2 - NC: 2026:KHC:40504 CRL.P No. 8767 of 2026 CNR: KAHC010414172026 ORAL ORDER

#1. Accused no.2 in S.C.No.30 of 2021 pending before the Court of IX Additional District & Sessions Judge, Bengaluru Rural District, arising out of Crime no.161 of 2020 registered by Kudugodi Police Station, Bengaluru City for offences punishable under Sections 302, 397, 201, 120B read with Section 34 of IPC is before this Court in this successive bail application filed under Section 483 of BNSS, 2023 seeking regular bail.

#3. Heard the learned counsel for the parties. FIR in Crime No.161 of 2020 was registered by Kadugodi Police Station, Bengaluru City, initially for offence punishable under Section 302 of IPC against unknown person. In said case, petitioner was arrested on 22.08.2020 and after completing investigation, charge sheet is filed against three persons. Petitioner is arrayed as accused no.2 in the charge sheet. Her bail application filed before the Sessions Court was rejected and therefore, she had approached this Court in Criminal Petition No.1395 of 2021, which was rejected on

04.06.2021. Subsequently, petitioner had once again approached this Court in Criminal Petition No.10636 of 2025 HC-KAR - 3 - NC: 2026:KHC:40504 CRL.P No. 8767 of 2026 CNR: KAHC010414172026 which was dismissed on 25.11.2025. It is under these circumstances, the petitioner is before this Court in this successive bail application seeking regular bail.

#4. Learned counsel for the petitioner submits that, petitioner is a married lady, who was pregnant at the time of her arrest. She has given birth to a boy child on 28.10.2020 while in jail. The child has been growing along with the petitioner in the jail. After the child attains the age of 6 years, the child cannot be kept in jail along with his mother as per Rule 135 of Karnataka Prisons Rules, 1974. He accordingly, prays to allow the petition.

#5. Per contra, learned HCGP who has opposed the petition submits that, petitioner's earlier bail applications were rejected and therefore, unless a change in circumstance is made out, her prayer for grant of regular bill cannot be considered. Accordingly, prays to dismiss the petition.

#6. As per the charge sheet allegations, petitioner is the wife of accused no.1 and accused no.3 is her friend. Accused no.1 and accused no.2 were tenants of the deceased Smt HC-KAR - 4 - NC: 2026:KHC:40504 CRL.P No. 8767 of 2026 CNR: KAHC010414172026 Jayamma and with an intention to commit robbery in the house of deceased, they along with accused no.3 had entered the house of the deceased on the alleged date of incident and after committing the murder of deceased Smt. Jayamma, they had taken away cash, gold jewelry, and other valuables from her house. During the course of investigation, certain recovery which connects the accused persons to the crime has been made in the present case and it is under these circumstances, bail applications of the petitioner were rejected by this Court earlier.

#7. It is not in dispute that, petitioner was pregnant as on the date of her arrest and it appears that, she has given birth to a female child subsequently on 28.10.2020 while she was in jail. It is also not in dispute that the said child is along with her in the jail.

#8. The Hon'ble Supreme Court in the case of SATENDER KUMAR ANTIL V CENTRAL BUREAU OF INVESTIGATION AND ANOTHER - (2022) 10 SCC 51, in paragraph No.69 has observed as follows: - HC-KAR - 5 - NC: 2026:KHC:40504 CRL.P No. 8767 of 2026 CNR: KAHC010414172026 "69. Proviso to Section 437 of the Code mandates that when the accused is under the age of sixteen years, sick or infirm or being a woman, is something which is required to be taken note of. Obviously, the court has to satisfy itself that the accused person is sick or infirm. In a case pertaining to women, the court is expected to show some sensitivity. We have already taken note of the fact that many women who commit cognizable offences are poor and illiterate. In many cases, upon being young they have children to take care of, and there are many instances when the children are to live in prisons. The statistics would show that more than 1000 children are living in prisons along with their mothers. This is an aspect that the courts are expected to take note of as it would not only involve the interest of the accused, but also the children who are not expected to get exposed to the prisons. There is a grave danger of their being inherited not only with poverty but with crime as well".

#9. Learned counsel for the petitioner referring to Rule 135 of Karnataka Prisons Rules has brought to the notice of this Court that after the child attains the age of 6 years, said child cannot be kept inside the jail with the petitioner. HC-KAR - 6 - NC: 2026:KHC:40504 CRL.P No. 8767 of 2026 CNR: KAHC010414172026

#10. In the present case, the prosecution in all has cited 47 charge sheet witnesses and till date, only 17 charge sheet witnesses have been examined in the present case. Therefore, the chances of trial being completed and case being disposed of on merits in the near soon is also very remote.

#11. Considering the aforesaid aspects of the matter and also having regard to the proviso to Section 480 of BNSS, 2023, I am of the opinion that, prayer made by the petitioner who is in custody for the last more than 6 years in the present case needs to be granted, subject to appropriate conditions. Under the circumstances following:- ORDER Criminal petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.30 of 2021 pending before the Court of IX Additional District & Sessions Judge, Bengaluru Rural District, arising out of Crime no.161 of 2020 registered by Kudugodi Police Station, Bengaluru City for offences punishable under Sections 302, 397, 201, 120B read with Section 34 of IPC, subject to the following conditions:- HC-KAR - 7 - NC: 2026:KHC:40504 CRL.P No. 8767 of 2026 CNR: KAHC010414172026 a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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. e) The petitioner shall not 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 NMS List No.: 1 Sl No.: 66