IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12107 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

SMT. SANGEETHA K S W/O KIRAN B M AGED ABOUT 35 YEARS R/AT BEHIND FATHIMA SCHOOL KUSHAL NAGARA TOWN KODAGU DISTRICT- 571 234.

PERMANENT R/O HANAGALLU VILLAGE SOMWARPET TALUK KODAGU DISTRICT- 571 236.

…PETITIONER (BY SRI. PRASANNA D.P., ADVOCATE)

AND:

Digitally signed by LAKSHMINARAYANA MURTHY RAJAS HRI THE STATE OF KARNATAKA Location: HIGH BY SOMWARPET POLICE STATION COURT OF KARNATAKA REP BY SPP HIGH COURT COMPLEX BENGALURU- 560 001 …RESPONDENT (BY SMT. PUSHPALATHA.B., ADDL. SPP)

THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS)

PRAYING TO RELEASE HER ON BAIL IN CRIME NO.80/2025 REGISTERED BY SOMWARPET POLICE STATION KODAGU DISTRICT, FOR THE OFFENCES P/U/S 61(2)(a), 103(1), 238, 309(4) R/W 3(5) OF BNS 2023 NOW PENDING ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC, SOMWARPET.

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.3 under Section

483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of bail in Crime No.80/2025 of Somawarpet Police Station, registered for the offences punishable under Sections 61(2)(a), 103(1), 238 & 309(4), read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2. Heard the learned counsel for the petitioner and learned Additional State Public Prosecutor -

State/respondent.

3. Learned counsel for the petitioner contended that the entire case of the prosecution is based on circumstantial evidence. The allegation against the petitioner/accused No.3 is that she conspired with the other accused persons and in furtherance of the conspiracy, took the deceased to the spot, thereby facilitated the other accused to kill the deceased. As the charge sheet is filed the petitioner is not required for custodial interrogation.

4. The petitioner was not in contact with accused No.1, her former husband or the deceased prior to the incident, as a case had been registered against the deceased and other accused persons. There is recovery of only two mobile phones from the petitioner, there is no overt act alleged against her. The petitioner/accused No.3 is a woman and has two minor school-going children aged 8 and 14 years. There are 149 witnesses cited in the charge sheet, and the trial will take considerable time.

With these submissions, he prayed to allow the petition.

5. Per contra, learned SPP contended that the petitioner/accused No.3 conspired with accused Nos.1 & 2 to kill the deceased. In furtherance of the said conspiracy, the petitioner took the deceased to the spot and facilitated the other accused to kill him. The offence alleged against the petitioner is punishable with death or imprisonment for life. The charge sheet discloses a prima-facie case against the petitioner. With this, she prays for rejection of the petition.

6. Having heard the learned counsel appearing for the parties, this Court has perused the charge sheet and other materials placed on record.

7. On perusal of column No.17 of the charge sheet, the allegation against the petitioner/accused No.3 is that she conspired with accused Nos.1 & 2 to kill the deceased. In furtherance of the said conspiracy, the petitioner/accused No.3 on 09.05.2025, made a whatsapp call to the deceased and secured him near her house at 9.00 p.m. and took him in the car near the cement factory and from there, both went to the place where accused No.2 was holding SBBL gun and he abused the deceased and deceased started running from that place. That accused No.2 fired the gun in the air, accused No.1, who was holding club hiding near the place made the deceased to fall and assaulted him with the iron chopper on his neck twice and accused No.2 took the said iron chopper from accused No.1 and assaulted the deceased on his neck, head and accuse