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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.Vishwajith Shetty
Shanthamma, W/O Cheluvaraju – Appellant
Versus
State Of Karnataka By Bidadi Police Represented By The State Public Prosecutor – Respondent
ORDER :
S Vishwajith Shetty, J.
1. Accused in SC No.34/2025 pending before the Court of Principal District and Sessions Judge, Ramangara, arising out of Crime No.31/2025 registered by Bidadi Police Station, Ramanagara, for the offence punishable under Section 103 of BNS , 2023, is before this Court under Section 483 of BNS S, 2023, seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.31/2025 was initially registered by Bidadi Police Station, Ramanagara, for the offences punishable under Sections 103 and 3(5) of BNS , 2023, against petitioner and her children based on first information dated 07.02.2025 received from Savithri, sister of deceased Cheluvaraju, who is the husband of the petitioner. During the course of investigation of the case, petitioner was arrested on 07.02.2025 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against petitioner for the aforesaid offence. Her bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.494/2025 was rejected on 20.06.2025. Therefore, she is before this Court.
4. Perusal of the material on record would go to show that petitioner
Bail should be granted when intent to commit murder is not clearly established, and circumstances suggest reasonable doubt about culpability.
Bail granted based on lack of criminal record and time served in custody amidst circumstantial evidence in a conspiracy murder case.
The court emphasized that bail is a discretionary remedy, particularly in serious offences like murder, where credible evidence suggests premeditated intent.
The court denied bail based on the applicant's history of domestic abuse and lack of substantial trial progress, emphasizing the seriousness of the allegations.
The decision to grant regular bail was influenced by the petitioner's personal circumstances, the absence of evidence of potential interference with the case, and the duration of her incarceration.
The court considered the length of incarceration, examination of material witnesses, and the petitioner's undertaking not to influence the trial or witnesses in granting regular bail.
Bail under Section 483 BNSS, 2023 may be granted when the victim attains majority, marriage is valid, and the accused has no criminal antecedents with prolonged custody exceeding five months.
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