Bail should be granted when intent to commit murder is not clearly established, and circumstances suggest reasonable doubt about culpability.

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 is the wife of deceased Cheluvaraju. From their wedlock, they have two children, who are married and residing separately. It appears that there was a dispute between the petitioner and her husband after her husband Cheluvaraju had informed petitioner that he would be executing a Will in favour of his sister/CW19 in respect of the property bearing Sy.No.72 of Hosuru Gollhalli Village. Deceased, who was chronic drunkard on 06.02.2025 after consuming alcohol at about 09.00 a.m. came near the house of the petitioner and after seeing him, in order to avoid unnecessary trouble, petitioner allegedly went inside her house and locked the door of the house. Cheluvaraju who came near the house started abusing the petitioner and he allegedly broke open the glass of the window in the house and started abusing CW2 - Siddamma, mother of the petitioner, who was sitting outside the house.

5. It is alleged that thereafter petitioner who came outside from her house allegedly assaulted Cheluvaraju with a wooden stick and as a result of the said assault, Cheluvaraju had sustained multiple injuries. Subsequently, CW4 and CW5, who are the children of petitioner and Cheluvaraju, came near the house of the petitioner and when they were making arrangements to shift injured Cheluvaraju to Hosptial, he allegedly refused and asked them to shift him to the cattle shed. Thereafter, CW4, CW5 and the petitioner herein took him to the cattle shed and gave him a bath and made him sleep. At about 07.45 p.m. on 06.02.2025, since the condition of Cheluvaraju had deteriorated, he was shifted to Hosptial by his daughter but in the Hospital they declared that Cheluvarjau had died. It is in these circumstances, FIR was registered against the petitioner and her children.

6. Petitioner, who is a lady aged about 47 years is in custody from 07.02.2025 onwards. Investigation in the case is completed and charge sheet has been filed. The incident in question had taken place after the deceased, who had consumed alcohol came near the house of the petitioner and started abusing her and her mother (CW2). The conduct of the deceased subsequently in assisting to shift her husband injured Cheluvarjau to cattle shed and thereafter giving him a bath etc. raises a serious doubt whether she really had any intention to commit his murder. Considering the aforesaid aspects of the matter and also having regard to Proviso to Section 480 (1) of BNSS , 2023, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:-

7. The petition is al