Court permits bail for a petitioner based on lack of direct evidence of involvement in a crime, with established conditions due to other co-accused obtaining bail.

(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

1. Accused No.1 in Crime No.53 of 2025 registered by Brucepet Police Station, Bellary City Sub-Division, Ballari District for offences punishable under Sections 103(1), 238(A), 189(2), 190, 191(2), 191(3), 49, 61(2)(a) of the BNS , 2023, is before this Court in this petition filed under Section 483 of the BNS S, 2023, seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.53 of 2025 was registered by Brucepet Police Station, Bellary City Sub-Division, Ballari District against unknown persons, based on the first information dated 04.04.2025 received from the petitioner herein who is the wife of the deceased Venkatesh. During the course of investigation, the petitioner herein was arrested on 05.04.2025. After completing investigation, charge sheet has been filed against 11 persons. Petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner before the trial Court in SC No.42/2025 was rejected on 29.12.2025. Therefore, she is before this Court.

4. In the charge sheet, it is alleged that deceased was suspecting the character of the petitioner who was his wife and therefore, petitioner decided to commit his murder and contacted accused no.2 for the said purpose. Accused no.2 thereafter contacted accused nos.3 to 11, who agreed to commit the murder of deceased. On the intervening night of 03.04.2025 and 04.04.2025, accused nos.3 to 11 allegedly assaulted the deceased and committed his murder. CW11 and CW12 are the eyewitnesses to the said incident. Accused nos.4, 5 and 11 have been granted regular bail by this Court in Criminal Petition No.103066 of 2025 connected with Criminal Petition No.103184 of 2025. Accused nos.3, 6, 7 and 8 have been granted regular bail by this Court in Criminal Petition No.102369 of 2025. Petitioner was undisputedly not present at the spot of crime and only allegation against her is that she had conspired with the other accused who have been now granted regular bail, to commit the murder of deceased.

5. Under the circumstances, I am of the opinion that her prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following:

ORDER Criminal Petition is allowed.

Petitioner is directed to be enlarged on bail in Crime No.53 of 2025 registered by Brucepet Police Station, Bellary City Sub-Division, Ballari District for offences punishable under Sections 103(1), 238(A), 189(2), 190, 191(2), 191(3), 49, 61(2)(a) of the BNS , 2023, subject to the following conditions: