##PAGE1##

- 1 -

NC: 2026:KHC:4919

CRL.P No. 17601 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 17601 OF 2025

(439(Cr.PC) / 483(BNSS))

BETWEEN:

1. SHAKUNTHALA

W/O, NANJUNDAPPA,

AGED ABOUT 40 YEARS,

R/AT #266, 7^TH CROSS,

J.C NAGARA,

MYSURU-01

PERMANENT ADDRESS

T.T DODDI VILLAGE,

RAMANAGARA,

RAMANAGARA-01

…PETITIONER

(BY SRI. PRATHEEP.K.C.,ADVOCATE)

Digitally signed by

AND:

LAKSHMINARAYANA

MURTHY RAJASHRI

Location: HIGH

1. THE STATE OF KARNATAKA

COURT OF

KARNATAKA REP. BY NAZARBAD POLICE STATION

HASSAN DISTRICT

REP. BY ITS

STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

BENGALURU 560 001.

…RESPONDENT

(BY SRI. HARISH GANPATHY, HCGP)

##PAGE2##

- 2 -

NC: 2026:KHC:4919

CRL.P No. 17601 of 2025

HC-KAR

THIS CRL.P IS FILED UNDER SECTION 439 (FILED

U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THIS PETITION

AND ENLARGE THE PETITIONER ON BAIL IN S.C.NO.185/2025

(CRIME NO.23/2025) PENDING ON THE FILE OF HONBLE VII

ADDL SESSIONS JUDGE AT MYSURU FOR THE OFFENCE

PUNISHABLE UNDER SECTIONS 103(1), 238 OF BNS BY

NAZARBAD POLICE.

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 sole accused under Section

483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying

to grant bail in SC No.185/2025 (Crime No.23/2025 of

Nazarbad Police Station) registered for the offences

punishable under Sections 103(1), 238 of Bharatiya Nyaya

Sanhita, 2023 pending on the file of the learned VII

Additional Sessions Judge, Mysore.

2. Heard the learned counsel for petitioner and

learned High Court Government Pleader for

respondent/State.

##PAGE3##

- 3 -

NC: 2026:KHC:4919

CRL.P No. 17601 of 2025

HC-KAR

3. The learned counsel for the petitioner would

contend that there are no eyewitnesses to the alleged

incident and that the prosecution case is based solely on

circumstantial evidence, except for the recovery of the

golden articles belonging to the deceased at the instance

of this petitioner and also from her house. There are no

other circumstances. As the prosecution case is based on

circumstantial evidence, the prosecution is required to

prove each circumstance during the course of trial. The

petitioner is a woman and has two daughters. As the

charge sheet is filed, the petitioner is not required for

further custodial interrogation. There are no criminal

antecedents of the petitioner. With this, he prayed to

allow the petition.

4. Per contra, the learned High Court Government

Pleader for respondent/State would contend that the death

of the deceased has taken place in the house of petitioner

and the petitioner has to explain the reason for the death

of deceased in her house. The petitioner herself intimated

##PAGE4##

- 4 -

NC: 2026:KHC:4919

CRL.P No. 17601 of 2025

HC-KAR

the son of the deceased about the death of the deceased

in her house. There is a recovery of a golden chain of the

deceased pledged by the petitioner from the jeweller. The

CCTV footage of the jeweller's shop has been seized.

Some of the jewels kept in the house of the petitioner

have been seized under mahazar at her instance. The

charge sheet materials would show a prima case against

the petitioner for the offence alleged against her. With

this, he prayed to reject the petition.

5. Having heard the learned counsel, the Court

has perused the charge sheet and other materials placed

on record.

6. As per the charge sheet, the case of the

prosecution is that the petitioner had borrowed four golden

bangles, kept and pledged them and taken money from

the Durga Bankers and Muthoot Finance. When the

deceased insisted for repayment of her golden bangles,

the petitioner prayed for time. When the deceased insisted

##PAGE5##

- 5 -

NC: 2026:KHC:4919

CRL.P No. 17601 of 2025

HC-KAR

that she either pay the money or sleep with somebody and

pay the amount, enraged by that the petitioner assaulted

her, dashed her head against the floor and wall, placed her

knees on her chest, pressed her neck, a

Click Here to Read the rest of this document