THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (FILED U/S.483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.661/2025 K.R.PURAM POLICE STATION, PENDING IN 29TH ADDL. CMM COURT, MAYO HALL, BENGALURU CITY, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 103 OF BNS, PENDING ON THE FILE OF THE COURT OF IN THE ABOVE CASE.

THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri Kiran Kumar H.K., the learned counsel for the petitioner and Sri K. Nageshwarappa, the learned High Court Government Pleader.

2. The accused No.3 in S.C.No.100/26 is the petitioner with the following prayer:

“Wherefore, the petitioner/accused No.3 prays that this Hon’ble Court may be pleased to enlarge the petitioner on bail in CR.No.661/2025 of K.R.Puram Police Station, pending in 29th Addl. CMM Court, Mayo Hall, Bangalore city, for alleged offences punishable under Section 103 of BNS pending on the file in the Court of in the above case, in the interest of justice.”

3. The facts in the nutshell which are utmost necessary for the disposal of the present petition is that the K.R. Puram police filed a charge-sheet in respect of Crime No.661/2025 dated 28.08.2025 for the offence punishable under Section 103 of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’ for short). Column No.17 of the charge-sheet material would reveal that the present petitioner is married to accused No.1 and suppressing the same, accused No.1 was residing with the deceased for some time in Bengaluru in the place of incident.

4. When the present petitioner came to know about the illicit relationship of accused No.1 with the deceased, there was a telephone call made by the present petitioner to the deceased stating that she is married to accused No.1 Hemanth Kumar Sahoo and she also has a son from the marital tie with accused No.1.

5. In this regard, there were quarrels between the deceased and accused No.1 and there was a ill-will between accused No.1 and the present petitioner. In order to put an end to the illicit relationship accused No.1 had with the deceased, accused Nos.1 to 3 hatched a plan to take away the life of the deceased, who was residing in a house at Avalahalli of K.R.Puram within the limits of K.R.Puram Police Station.

6. As per the pre-plan, on 28.05.2025, accused No.1 left the company of the deceased and returned to Adoor in Orissa State where accused No.3 was living. Thereafter, they decided to take away the life of the deceased and as such, on 21.08.2025, at about 10.00 p.m., a plan was hatched and on 22.08.2025, at about 11.00 p.m., all the three accused persons came on a two wheeler bearing No.KA-03-KY-8708 upto Hoskote Toll and thereafter, they booked a Rapido car and covering their faces with the helmet, they came near the house of the deceased.

7. Accused Nos.2 and 3 were directed to climb the terrace of the house of the deceased to keep a watch about the movements of general public, if any, and accused No.1 entered inside the house of the deceased and he strangulated the deceased. Thereafter, he said to have sent a message to accused No.2 over his mobile telephone and after seeing the said message, accused Nos.2 and 3 came inside the house of the deceased and at that juncture, accused No.1 sat on the body of the deceased and held her hands tightly and accused No.2 with the help of a pillow smothered the deceased and at that juncture, accused No.3 (present petitioner) was holding the legs of the deceased tightly so as to prevent the deceased from escaping the act of smothering.

8. Thus, all the three accused persons were successful in killing the deceased by smothering and thereafter, to make it appear that she has committed suicide, hung the dead body to a ceiling fan and all the three came out and accused No.1 took the key of the house and locked it from outside and opening the window threw the key on the