Citation : 2026 Latest Caselaw 1548 Kant
Judgement Date : 20 February, 2026
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NC: 2026:KHC:10648
CRL.P No. 17735 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 17735 OF 2025
[(439(Cr.PC) / 483(BNSS)]
BETWEEN:
SMT. LAKSHMI
W/O SRI. NAGARAJU,
AGED ABOUT 35 YEARS,
RESIDING AT ANANTHA NILAYA,
NEAR GURUMALLESHWARA MUTT,
DEVEGOWDA CIRCLE, MYSURU CITY,
MYSURU DISTRICT - 570 016.
...PETITIONER
(BY SRI. RAJANNA C., ADVOCATE)
AND:
STATE OF KARNATAKA
BY VARUNA POLICE STATION,
MYSURU CITY,
Digitally signed by
LAKSHMINARAYANA MYSURU DISTRICT,
MURTHY RAJASHRI
Location: HIGH
REPRESENTED BY ITS SPP,
COURT OF HIGH COURT BUILDING,
KARNATAKA
BANGALORE - 560 001.
...RESPONDENT
(BY SMT. WAHEEDA M.M., HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C
(UNDER SECTION 483 BNSS) PRAYING TO ENLARGE HER ON
BAIL IN CRIME NO.95/2025 (S.C.NO.184/2025) OF VARUNA
POLICE STATION, MYSURU, FOR THE OFFENCES PUNISHABLE
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CRL.P No. 17735 of 2025
HC-KAR
UNDER SECTIONS 189(2), 191(2), 191(3), 61, 103(1), 49 AND
238 READ WITH SECTION 190 OF BNS, PENDING ON THE FILE
OF III ADDITIONAL SESSIONS JUDGE, MYSURU CITY.
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.7 under Section
483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying
to grant bail in S.C.No.184/2025 (Crime No.95/2025 of
Varuna Police Station, Mysuru), pending on the file of III
Additional Sessions Judge, Mysuru, registered for offences
punishable under Sections 189(2), 191(2), 191(3), 61,
103(1), 49 and 238 read with Section 190 of Bharatiya
Nyaya Sanhita, 2023.
2. Heard learned counsel for petitioner and
learned High Court Government Pleader for respondent -
State.
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3. Learned counsel for petitioner would contend
that, the allegation of assault by deadly weapon on the
deceased is against accused Nos.1 to 5. The allegation
against the petitioner is that she made a whatsapp call to
accused No.1 and told him that deceased - Karthik,
Avinash, Anandgowda, Venkatashetty have made ready
the boys to finish him and she instigated that the
deceased Karthik has also cheated her by marrying one
Neela and instigated him to kill the deceased and
intimated that the deceased is staying with Neela in Yathin
Hotel since one week. The petitioner is a woman and she
is in judicial custody since 06.05.2025. As the charge
sheet is filed, she is not required for further custodial
interrogation. There are no criminal antecedents of the
petitioner. With these, he prayed to allow the petition.
4. Per contra, learned High Court Government
Pleader for respondent would contend that, the petitioner
had made a whatsapp call to accused No.1 and instigated
him to kill the deceased as he has cheated her and
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marrying one Neela and staying with Neela in Yathin Hotel
since one week. The charge sheet materials show that,
there is a prima-facie case against the petitioner for
offences alleged against her. With these, she prayed for
dismissal of the petition.
5. Having heard the learned counsels appearing
for parties, the Court has perused the charge sheet and
other materials placed on record.
6. As per charge sheet, on 05.05.2025 at
01.40 a.m., when deceased Karthik came in Thar jeep and
got down at the main gate of Yathin hotel and when he
intended to go inside the hotel at that time, accused Nos.2
to 4 came on scooter and made drama of talking with the
deceased. At that time, accused No.2 held the deceased
and made him to fall on the ground and held him and at
that time, accused Nos.1, 3, 5 and 6 came in Tata Sumo
to that place and accused Nos.1, 3 and 5 were holding the
deadly weapons. Accused Nos.1, 3 and 5 assaulted the
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HC-KAR
deceased with long chopper on his face, head, neck and
shoulder. At the time, the long chopper used by accused
No.5 has been cut and accused No.2 went running and
brought another long chopper kept in Tata Sumo and
assaulted with it on the face and head of the deceased and
accused No.4 has also assaulted the deceased with dagger
on his chest and neck and killed him. The allegation
against this petitioner as per charge sheet is that she
made a phone call to accused No.1 through whatsapp and
told him that deceased and his men are planning to kill
him and deceased has also cheated her by marrying Neela
and he is staying with Neela in Yathin hotel since one week
and instigated him to kill the deceased Karthik. There is no
allegation against this petitioner of assaulting the
deceased. The said allegation of assaulting the deceased is
against accused Nos.1 to 5. The petitioner is a woman and
she is in judicial custody since 06.05.2025 and as the
charge sheet is filed, she is not required for further
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custodial interrogation. There are no criminal antecedents
of the petitioner.
7. Considering all the above aspects, the petitioner
has made out a case for grant of bail with conditions. In
the result, the following;
ORDER The Criminal Petition is allowed. The petitioner is
granted bail in S.C.No.184/2025 (Crime No.95/2025 of
Varuna Police Station), pending on the file of III Additional
Sessions Judge, Mysuru, subject to following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court.
ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.
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iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
KLV List No.: 1 Sl No.: 41
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