TAYAMMA v. Court of Karnataka

BY KADUR PS REP BY SPP HIGH COURT OF KARNATAKA BENGALURU-01

LALITHAMMA A. W/O. NARASIMMAPPA AGED ABOUT 48 YEARS R/O. PRASESHIHAL VILLAGE CHIKKINGLA POST CHIKMAGALUR (BY SRI. RANGASWAMY R., HCGP FOR R1 SRI. H.S. SHANKAR, ADVOCATE FOR R2) …RESPONDENTS HC-KAR - 2 - NC: 2026:KHC:41491 CRL.P No. 8852 of 2026 CNR: KAHC010417012026 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO. 302/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 80, 85, 238, 3(5) OF BNS AND SECTION 3 AND 4 OF DP ACT, 1961 BEFORE RESPONDENT POLICE STATION PENDING ON THE FILE OF LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE CHIKKAMAGALURU BEARING SC. NO. 25/2026. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.3 in SC No.25 of 2026 pending before the Court of II Additional District and Sessions Judge, Chikkamagaluru, arising out of Crime No.302 of 2025 registered by Kadur Police Station, Chikkamagaluru, for the offences punishable under Section 103(1), 80, 85, 238, 3(5) of BNS, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961, is before this Court in this petition HC-KAR - 3 - NC: 2026:KHC:41491 CRL.P No. 8852 of 2026 CNR: KAHC010417012026 filed under Section 483 of BNSS, 2023 seeking regular bail.

2. Heard the learned counsel for the parties.

FIR in crime No.302 of 2025 was registered Kadur Police Station, Chikkamagaluru against Vijaykumara and others, based on first information dated 13.10.2025 received from respondent No.2, who is the mother of deceased Smt. Bharathi. In the said case, the petitioner was arrested on 14.10.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against three persons and the petitioner is arraigned as accused No.3 in the charge sheet. Her bail application filed before the Trial Court in Crl. Misc. No.58 of 2026 was rejected on 16.04.2026. Therefore, she is before this Court.

Learned counsel for the petitioner submits that the petitioner is a married lady, aged 53 years and has no other criminal antecedents. Even if the entire charge sheet HC-KAR - 4 - NC: 2026:KHC:41491 CRL.P No. 8852 of 2026 CNR: KAHC010417012026 allegations are presumed to be true, only the offences punishable under Section 85, 238 of BNS, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961 would get attracted against the petitioner. As per the charge sheet allegations, accused No.1 had committed the murder of deceased-Bharathi. Accordingly, he prays to allow the petition.

Per contra, learned High Court Government Pleader appearing for respondent No.1/ State and learned counsel appearing for respondent No.2 have strongly opposed the prayer made by the learned counsel for the petitioner.

Learned counsel for the respondents submit that the deceased was the wife of accused No.1 and the daughter-in-law of accused Nos.2 and 3, who were ill treating her in her matrimonial house in furtherance of the demand made by them for dowry. The deceased was brutally murdered and her dead body was disposed of in HC-KAR - 5 - NC: 2026:KHC:41491 CRL.P No. 8852 of 2026 CNR: KAHC010417012026 an unused bore-well. The jewelry belonging to the deceased has been recovered at the instance of the accused. Accordingly, they pray to dismiss the petition.

Deceased-Bharathi was the wife of accused No.1. Accused Nos.2 and 3 are the parents of accused No.1. Marriage of accused No.1 with Bharathi was solemnized on 25.04.2019. According to the prosecution at the time of marriage, accused persons were given dowry in the form of cash and gold jewelries. In spite of the same, accused No.1 to 3 were ill-treating and torturing Bharathi in her matrimonial house in furtherance of their demand for additional dowry. On the intervening night of

03.09.2025 and 04.09.2025, accused Nos.1 to 3, after quarreling with Bharathi in furtherance of their demand for dowry, allegedly had assaulted her with their hands. Subsequently, accused No.1 allegedly assaulted the deceased on her face and also dashed her head against a wall and committed her murder. Accused Nos.1 and 2 HC-KAR - 6 - NC: 2026:KHC:41491 CRL.P No. 8852 of 2026 CNR: KAHC010417012026 thereafter shifted the dead body of Bharathi and disposed of the same in an unused bore-well in their property.

Accused No.1 had registered a missing complaint and during the course of investigation of the said missing complaint, it appears that accused No.1 had confessed about the murder and it is under these circumstances, FIR was registered against the accused Nos.1 to 3 for the aforesaid offences, in which they were arrested and remanded to judicial custody.

In the final opinion issued by the Medical Officer pursuant to the post mortem examination of the body of the deceased, it is stated that the cause of death cannot be ascertained due to the advanced decomposition of the body and the absence of definite ante-mortem injuries or any significant pathological or toxicological findings. Case of the prosecution is based on circumstantial evidence. Allegation of committing murder of deceased is against accused No.1 and the dead body of the deceased was HC-KAR - 7 - NC: 2026:KHC:41491 CRL.P No. 8852 of 2026 CNR: KAHC010417012026 shifted and disposed of by accused Nos.1 and 2. Petitioner is a married lady aged 53 years. She is in custody from

14.10.2025. Investigation of the case is now completed.

Considering the nature of allegations found against her in the charge sheet and also taking into consideration the proviso to Section 480 of BNSS, 2023, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, subject appropriate conditions. Accordingly, the following: