Sannamallige Vs State by Bilikere Ps — Murder and Culpable Homicide | Karnataka HC (2025)

Sannamallige Vs State by Bilikere Ps — Murder and Culpable Homicide | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioner enlarged on regular bail in S.C.No.5006/2025, subject to executing a personal bond of Rs.1,00,000/- with two sureties for the likesum and complying with conditions (a)-(e): regular appearance before the Trial Court unless exempted, no direct or indirect threatening/tampering with prosecution witnesses, no involvement in similar offences, and not leaving the Trial Court's jurisdiction without permission until disposal of the case.

Issue for consideration

Whether regular bail should be granted to the petitioner, Accused No.2 in S.C.No.5006/2025 (arising out of Crime No.248/2024 of Bilikere Police Station) charged under Sections 103(1) and 49 of the BNS, 2023, for allegedly instigating Accused No.1 to commit the murder of his wife Roza.

Court's answer

Considering the nature of the allegations found against the petitioner (the only allegation being that she instigated Accused No.1 to murder his wife, and she was not present at the spot) and having regard to the proviso to Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner's prayer for grant of regular bail is required to be answered in the affirmative.

Detailed headnote1 paragraphs

Karnataka High Court (Justice S. Vishwajith Shetty), CRL.P No. 3747 of 2025, decided 02-04-2025: Regular bail granted to Sannamallige (aged about 37 years), Accused No.2 in S.C.No.5006/2025 arising out of Crime No.248/2024 of Bilikere Police Station, Mysuru District, for offences punishable under Sections 103(1) and 49 of the Bharatiya Nyaya Sanhita (BNS), 2023. She is alleged to have instigated Accused No.1 (husband of the deceased Roza) to commit the murder; undisputedly she was not present at the spot. Arrested 01.12.2024, investigation complete, charge sheet filed, and her earlier bail application rejected by the jurisdictional Sessions Court on 31.01.2025. Petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allowed having regard to the proviso to Section 480 BNSS, on a personal bond of Rs.1,00,000/- with two sureties for the likesum, subject to conditions including regular appearance before the Trial Court, no tampering with prosecution witnesses, no similar offences, and not leaving the Trial Court's jurisdiction without permission.

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NC: 2025:KHC:13805 CRL.P No. 3747 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF APRIL, 2025 BEFORE

THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY

CRIMINAL PETITION NO.3747/2025

BETWEEN:

SANNAMALLIGE W/O LATE PUTTA MANCHANAYAKA AGED ABOUT 37 YEARS R/AT. BENKIPURA VILLAGE, HUNSUR TALUK MYSURU DIST - 571189 (SHE IS IN JUDICIAL CUSTODY).

Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka

(BY SRI. RAJA K.P. ADV.,)

AND:

…PETITIONER

STATE BY BILIKERE P.S. REP. BY S.P.P. HIGH COURT OF KARNATAKA AT BANGALORE-560001.

…RESPONDENT

(BY SRI. K. NAGESHWARAPPA, HCGP)

THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNNS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN CONNECTION WITH IN CRIME NO.248/2024 OF SC NO.5006/2025 OF BILIKERE POLICE STATION, FOR THE ALLEGED O/P/U/S 103(1) AND 49 OF BNS ACT, WHICH IS PENDING BEFORE THE LEARNED VIII ADDL. DISTRICT AND SESSIONS JUDGE AT MYSURU, SITTING AT HUNSUR. IN THE ABOVE CASE IN THE INTEREST OF JUSTICE.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:13805 CRL.P No. 3747 of 2025

CORAM: HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY

ORAL ORDER

Accused No.2 in S.C.No.5006/2025 pending before

the Court of VIII Additional District and Sessions Court, Mysuru, Sitting at Hunsur arising out of Crime.No.248/2024 registered by Bilikere police station, Mysuru District for the offences punishable under Sections 103(1) and Section 49 of the Bharatiya Nyaya Sanhita (BNS), 2023 is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.

Heard the learned counsel for the parties.

FIR in Crime No.248/2024 was registered by

Bilikere Police Station, Mysuru, for the aforesaid offences against Swamynayaka and the petitioner herein based on the first information dated 15.09.2024 submitted by Shashikumara, brother of deceased Roza. During the course of investigation of the case, the petitioner herein was arrested on 01.12.2024 and subsequently remanded

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to judicial custody. After completion of investigation the charge sheet has been filed for the aforesaid offences in which the petitioner herein is arrayed as accused No.2. The bail application filed before the jurisdictional Sessions Court in S.C.No.5006/2025 was rejected on 31.01.2025. Therefore, he is before this Court.

Perusal of material on record would go to show that accused No.1 is husband of deceased Roza. It is alleged that accused No.1 had illicit relationship with the petitioner. On 15.09.2024 at about 7:30 a.m. petitioner and deceased had fought with each other near a water tap in their village. Thereafter, the petitioner had instigated accused No.1 to commit the murder of his wife. Subsequently at about 10:30 a.m., accused No.1, at the instigation of the petitioner, allegedly went near the house of deceased Roza in his two wheeler and assaulted her with a sickle and committed her murder. Undisputedly, the petitioner was not present at the spot when accused No.1 had assaulted deceased Roza with a sickle and committed

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her murder. The only allegation against the petitioner is that she had instigated accused No.1 to commit the murder of his wife Roza. The petitioner, who is a lady aged about 37 years, is in custody from 01.12.2024. Investigation of the case is completed. Considering the nature of allegations found against the petitioner and also having regard to the proviso to Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023, I am of the opinion that the prayer of the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly, the following:

ORDER

The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5006/2025 pending before the Court of VIII Additional District and Sessions Court, Mysuru, Sitting at Hunsur arising out of Crime.No.248/2024 registered by Bilikere police station, Mysuru District for the offences punishable under Sections 103(1) and Section 49 of the Bharatiya Nyaya Sanhita (BNS), 2023 is before this Court under Section 483 of the

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Bharatiya Nagarik Suraksha Sanhita, 2023, subject to the following conditions:

a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 his 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 leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

Sd/(S. VISHWAJITH SHETTY)

JUDGE

ABK

List No.: 1 Sl No.: 52