Divya J Vs the State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2026)

Divya J Vs the State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Bail granted to the petitioner (accused No.2) in Crime No.240/2025 of Tilak Nagar Police Station (offence punishable under Section 103(1) of BNS) subject to: (a) executing a personal bond of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the trial Court; (b) not tampering with prosecution witnesses directly or indirectly; (c) attending the trial Court on all dates of hearing unless exempted and cooperating for speedy disposal.

Issue for consideration

Whether the petitioner, accused No.2 in Crime No.240/2025 of Tilak Nagar Police Station (offence punishable under Section 103(1) of BNS), is entitled to be released on bail under Section 483 of BNSS.

Court's answer

No overt act of assaulting the deceased is alleged against the petitioner; her alleged role is confined to conspiring with accused No.1 and securing the deceased to the spot, the knife assault having been committed by accused No.1.

Ratio / Principle

Considering that the petitioner is a girl aged 19 years, in judicial custody since 11.09.2025, that the charge sheet is filed so she is not required for further custodial interrogation, and that she has no criminal antecedents, she has made out a case for grant of bail with conditions.

Detailed headnote1 paragraphs

Criminal petition under Section 483 BNSS (also styled under Section 439 Cr.PC) seeking regular bail for a 19-year-old woman arraigned as accused No.2 in Crime No.240/2025 of Thilaknagar/Tilak Nagar Police Station for an offence punishable under Section 103(1) of BNS 2023, pending before the CJM, Bengaluru City. Prosecution case: after a break-up of her affair with accused No.1, the petitioner conspired with him to kill the deceased (with whom she later had an affair); in furtherance of the conspiracy she telephoned the deceased and called him to the spot, where accused No.1 assaulted him with a knife on his chest causing death; she had earlier threatened the deceased's father. Held: no overt act of assaulting the deceased is alleged against the petitioner; the charge sheet having been filed, she is not required for further custodial interrogation; she is a girl aged 19 years, in judicial custody since 11.09.2025, with no criminal antecedents — she has made out a case for grant of bail with conditions. Petition allowed: bail subject to a personal bond of Rs.1,00,000/- with one surety for the like sum, non-tampering with prosecution witnesses, and attendance on all trial dates.

NC: 2026:KHC:3135 CRL.P No. 14905 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14905 OF 2025 (439(Cr.PC) / 483(BNSS))

BETWEEN:

DIVYA J D/O JAYARAM AGED ABOUT 19 YEARS RESIDING AT NO 419 27TH MAIN, 7TH CROSS NAKKALU BANDE JAYANAGAR 3RD BLOCK EAST, BENGALURU - 560 011

…PETITIONER

(BY SRI.ASHOKA T., ADVOCATE FOR

SRI. OMKAR BASAVA PRABHU., ADVOCATE)

AND:

Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

THE STATE OF KARNATAKA THROUGH THILAKNAGAR POLICE STATION REPRESENTED BY SPP, HIGH COURT BUILDING HIGH COURT OF KARNATAKA BANGALORE-560 001

…RESPONDENT (BY SRI.HARISH GANAPATHY, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT BAIL IN FAVOUR OF THE PETITIONER,

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DIVYA J IN CONNECTION WITH CRIME NO.240/2025 REGISTERED BY THE THILAKNAGAR POLICE STATION, AND PRESENTLY PENDING ON THE FILE OF THE HONBLE CJM, BENGALURU CITY FOR THE OFFENCES P/U/S 103(1) OF THE BNS 2023, AND DIRECT THE RESPONDENT POLICE TO RELEASE HER ON BAIL.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by accused No.2 under Section 483 of BNSS praying to grant bail in Crime No.240/2025 of Tilak Nagar Police Station registered for offence punishable under Section 103(1) of BNS.

Heard learned counsel for the petitioner and

learned High Court Government Pleader for the respondent -State.

Learned counsel for the petitioner would

contend that the petitioner is girl aged 19 years. There is no any allegation of any assault by the petitioner on the

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deceased. The overtact of assault with knife is alleged against accused No.1. The allegation against the petitioner is conspiring to kill the deceased and calling the deceased to the spot, facilitating accused No.1 to assault and kill him. As the Charge sheet is filed, the petitioner is not required for further custodial interrogation. The petitioner is in judicial custody since 19.11.2025. There are no criminal antecedents of the petitioner. With these, he prays to allow the petition.

Per contra , learned High Court Government Pleader for the respondent –State would contend that there is conspiracy between petitioner and accused No.1 to kill the deceased. In furtherance of the said conspiracy, petitioner called the deceased to the spot wherein the accused No.1 has assaulted the deceased with knife and caused his death. The petitioner has threatened C.W.1 - the father of the deceased to kill the deceased if he threatens her to discontinue her contact with his son. The charge sheet materials show prima facie case against the

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petitioner for offences alleged against her. With this, he prayed to reject the petition.

Having heard learned counsels, this Court has

perused the charge sheet and other materials placed on record.

As per charge sheet, the case of the prosecution is that the petitioner had love affair with accused No.1 and subsequently there was break-up. Thereafter, the petitioner started affair with the deceased. The father of the deceased threatened the petitioner to stop contact with his son and at that time the petitioner had threatened the father of the deceased to kill the deceased. Thereafter, the petitioner conspired by accused No.1 to kill the deceased and in furtherance of the said conspiracy, the petitioner has made phone call to the deceased and called him to the spot. Accused No.1 assaulted him with knife on his chest and due to which the deceased succumbed to the injury. Considering the above aspects, the allegation against the petitioner is that she

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conspired with accused No.1 and in furtherance of the conspiracy she secured the deceased to the spot. There is no any overtact alleged against this petitioner assaulting the deceased. The petitioner is girl aged 19 years and she is in judicial custody since 11.09.2025. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. There are no any criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of bail with conditions.

7. In the result, the following

ORDER

i) The petition is allowed.

ii) The petitioner is granted bail Crime No.240/2025 of Tilak Nagar Police Station registered for offence punishable under Section 103(1) of BNS subject to following conditions:

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a) The petitioner -accused No.2 shall execute a

personal bond for a sum of Rs.1,00,000/with one surety for the likesum to the satisfaction of the trial Court.

b) The petitioner -accused No.2 shall not tamper the prosecution witnesses either directly or indirectly.

c) The petitioner -accused No.2 shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.

Sd/-

(SHIVASHANKAR AMARANNAVAR) JUDGE

DSP

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