Smt Kalavathi Alias Kalavathi Vs State of Karnataka

STATE OF KARNATAKA BY HONNAVALLI POLICE STATION, TIPTUR TALUK, TUMKUR DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

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…RESPONDENT

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(BY SMT. WAHEEDA M.M, HCGP)

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THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL FOR THE IN CRIME NO.121/2024 OF RESPONDENT POLICE BY HONNAVALLI POLICE STATION IN S.C.NO.10012/2025 ON THE FILE OF THE VtH ADDL. DISTRICT AND SESSIONS JUDGE

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HC-KAR

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TUMKURU SIT AT TIPTUR FOR THE OFFENCE P/US/ 103(1) R/W SEC.3(5) OF BNS.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.2 in SC No.10012/2025 pending before

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the Court of Vth Additional District and Sessions Judge, Tumkuru, Sitting at Tiptur for the offences punishable under Section 103(1), 3(5) of Bharatiya Nyaya Sanhita, 2023 is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of regular bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.121/2024 was registered by Honnavalli Police Station, Tumkur District for the aforesaid offences against Lokesha and petitioner herein, based on the first information dated 24.11.2024, received from Keerthi D. N., who is brother of deceased – Chethan N.

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HC-KAR

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During the course of investigation of the case, petitioner herein was arrested on 24.11.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against two persons. In the charge sheet, Lokesha who is the husband

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of the petitioner is arraigned as accused No.1 and petitioner is arraigned as accused No.2. Bail application filed by the petitioner before the Trial Court in SC No.10012/2025 was rejected on 09.04.2025 and therefore, she is before this Court.

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Perusal of the material on record would go to show that, C.W.10 who is the daughter of accused Nos.1 and 2 was in love with the deceased Chethan N. On 23.11.2024 at about 9.00 p.m., Chethan had come near the shop of accused Nos.1 and 2 along with C.W.2 – Malliakarjuna, who was his friend and asked accused Nos.1 and 2 to perform his marriage with their daughter – C.W.10. When accused No.2 opposed for the same, C.W.2 tried to interfere and at the said time, accused Nos.1 and

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HC-KAR

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2 asked C.W.2 to leave the place and at about 9.15 p.m., after C.W.2 had left the place, Chethan once again tried to enter the shop of accused Nos.1 and 2 demanding to perform his marriage with C.W.10. At that time, accused No.2 allegedly pushed Chethan and accused No.1 assaulted Chethan with an iron machete which was in their shop and as a result, Chethan who had suffered multiple grievous injuries, died on the spot.

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On perusal of the charge sheet allegation would go to show that, allegation of assaulting Chethan with the weapon is only as against accused No.1 and so far as the petitioner who is the wife of accused No.1, the only allegation against her is that she had pushed Chethan when he had tried to enter their shop prior to accused No.1 assaulting him with the weapon. Petitioner who is a lady, aged about 40 years, is in custody from 24.11.2024. Investigation of the case is completed and charge sheet is already filed.

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HC-KAR

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Considering the nature of allegations found against the petitioner in the charge sheet and also having regard to the proviso to Section 480 of Bharatiya Nyaya Sanhita, 2023, I am of the view that prayer made by the petitioner, needs to be answered in the affirmative. Accordingly, the following:-

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ORDER

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The petition is allowed . The petitioner is directed to be enlarged on bail in Crime No.121/2024 of Honnavalli Police Station, Tumkur District registered for the offences punishable under

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under Section 103(1), 3(5) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions:

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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;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial

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HC-KAR

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Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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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.

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Sd/(S VISHWAJITH SHETTY)

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JUDGE

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KAV List No.: 1 Sl No.: 52 CT: BHK

Smt Kalavathi Alias Kalavathi v. State of Karnataka

Case brief

What is this about?

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Smt Kalavathi Alias Kalavathi v. State of Karnataka

Case brief

What is this about?

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