IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 9443 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. SAVITHA W/O LOKESHA @ NANJUNDEGOWDA AGED ABOUT 35 YEARS R/A KUMBARAHALLI VILLAGE BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111.

…PETITIONER (BY Smt.PRAMILA NESARGI, SENIOR COUNSEL FOR SAMARTH S MURTHY & SRI S G MUNISWAMYS, ADVOCATES)

AND:

Digitally signed by

1. STATE OF KARNATAKA LAKSHMINARAYANA MURTHY RAJAS HRI BY CHANNARAYAPATNA Location: HIGH RURAL POLICE STATION, COURT OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

…RESPONDENT (BY SRI.CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN S.C.NO.95/2022 (CR.NO.11/2025) OF CHANNARAYAPATNA RURAL POLICE AT CHANNARAYAPATNA, PENDING ON THE FILE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN SITTING AT CHANNARAYAPATNA FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 61(2), 103(1), 238, 3(5), 241, 54 OF THE BNS BY ALLOWING THIS PETITION.

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 Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in SC No.95 of 2005 (Crime No.11 of 2025 of Channarayapatna Rural Police Station registered for the offences punishable under Sections 61(2), 103(1), 238, 3(5), 241, 54 of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned IV Additional District and Sessions Judge, Hassan, sitting at Channarayapatna. 2. Heard the learned Senior Counsel for the petitioner and learned High Court Government Pleader for the respondent/State.

3. The learned Senior Counsel for the petitioner would contend that, there are no eyewitnesses to the incident, and the case of the prosecution is based on circumstantial evidence. There is no overt act alleged against this petitioner. The allegation against the petitioner is that, she had illicit relation with accused No.1, and the deceased was coming in their way, and therefore, the petitioner/accused No.2 and accused No.1 conspired to kill the deceased. In furtherance of the said conspiracy, accused Nos.1 and 3 stated to have assaulted the deceased. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. The petitioner is having two daughters, one aged 13 years and another 5 years, and she has to look after them. With this, she prayed to allow the petition.

4. Per contra, the learned High Court Government Pleader for the respondent - State would contend that, accused 1 to 4 conspired to kill the deceased, as the deceased was coming in the way of illicit relationship of accused No.1 with petitioner/accused No.2, who is the wife of the deceased. He further submits that in furtherance of the said conspiracy, the accused Nos.1, 3 and 4 went to the spot and accused Nos.1 and 3 assaulted the deceased and killed him. The offence alleged against the petitioner is a heinous offence punishable with death or imprisonment for life. With this, he prayed for rejection of the petition.

5. Having heard the learned counsel for the parties, the Court has perused the charge sheet records.

6. The petitioner/accused No.2 is the wife of deceased. As accused No.1 had illicit relationship with petitioner/ accused No.2 as the deceased was coming in the way of the said illicit relationship, accused Nos.1 and 2 along with accused No.3 and 4 have conspired to kill the deceased. In furtherance of said conspiracy, the accused persons purchased weapons and other articles. Accused No.4 took accused Nos.1 and 3 to the spot in a car and alighted them. The accused Nos.1 and 3 assaulted the deceased with a long chopper and committed his murder.

There is no alle