SMT. MEENA v. STATE OF KARNATAKA

SMT. MEENA W/O MAGARAJU AGED ABOUT 37 YEARS R/A VADGALAPURA VILLAGE HARADANAHALLY HOBLI CHAMARAJANAGARA TALUK AND DISTRICT (PRESENTLY IN JUDICIAL CUSTODY) (BY SRI DILIP KUMAR I.S, ADV.) AND: STATE OF KARNATAKA BY CHAMARAJANAGARA RURAL P.S REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA COMPLEX BENGALURU - 560 001. (BY SMT. RASHMI JADHAV, ADDL. SPP) …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO DIRECT TO RELEASE OF THE PETITIONER IN S.C.NO.61/2025 (IN CRIME NO.97/2025) BEFORE ADDL DISTRICT AND SESSIONS JUDGE AND FTSC I CHAMARAJANAGARA FOR THE OFFENCE P/US/ 126(2),352,103 R/W SEC.3(5) OF BNS 2023 REGISTERED IN CHAMARAJANAGARA RURAL P.S. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: HC-KAR - 2 - NC: 2026:KHC:39596 CRL.P No. 9107 of 2026 CNR: KAHC010428462026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER

Accused No.4 in SC No.61/2025 pending before the Court of Addl. District and Sessions Judge and FTSC-I, Chamarajanagara, arising out of Crime No.97/2025 registered by Chamarajanagara Rural Police Station, for the offences punishable under Sections 126(2), 352, 103 read with Section 3(5) of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.

Heard the learned counsel for the parties.

FIR in Crime No.97/2025 was registered Chamarajanagara Rural Police Station, against Nagappa and five others based on the first information dated 05.05.2025 received from Mallesh, son of Malappa, who is the deceased in the present case. During the course of investigation, petitioner herein was arrested on 06.05.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against four persons and petitioner is arraigned as accused No.4 in the charge sheet. Her bail application filed before the HC-KAR - 3 - NC: 2026:KHC:39596 CRL.P No. 9107 of 2026 CNR: KAHC010428462026 Trial Court in SC No.61/2025 was rejected on 25.05.2026. Therefore, she is before this Court.

Material on record would go to show that there is a civil dispute between the accused persons and the family of the deceased, who are relatives. First informant in the present case is not an eye witness to the incident in question. Though FIR has been registered in the present case against six persons, after completing investigation, charge sheet is now filed against four persons.

As per the charge sheet allegations, on 05.05.2025 at about 06.00 p.m., accused No.1, who had ill-will against Mallappa, had abused Mallappa on the ground that he had filed a case against him and pushed him to the ground. When Mallappa tried to get up and escape from the said spot, petitioner, who is the daughter of accused No.1, allegedly caught hold of Mallappa and thereafter, accused Nos.1 to 3 assaulted him with weapons and committed his murder. Though CW3 - Smt. Nagamma, is said to be an eye witness to the incident in question, material on record would go to show HC-KAR - 4 - NC: 2026:KHC:39596 CRL.P No. 9107 of 2026 CNR: KAHC010428462026 that her statement has been recorded on 15.06.2025, which is after the lapse of nearly 40 days from the alleged date of incident. Even otherwise, the only allegation as against the petitioner, who is a married lady aged about 36 years, is that she had caught hold of Mallappa, when he tried to escape. There is no allegation as against her about assaulting Mallappa and the said allegation is found only as against accused Nos.1 to 3. Under the circumstances, considering the nature of allegations found against the petitioner and also taking into consideration the Proviso to Section 480 of BNSS, 2023, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:-