Smt Shivakumari v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14783 OF 2026 BETWEEN:

¶1SMT. SHIVAKUMARI W/O SRIDHAR AGED ABOUT 40 YEARS R/O KANNAMANGALA VILLAGE KASABA HOBLI DEVANAHALLI TALUK BENGALURU - 562 110.

¶2SRI SHRIDHAR S/O VEERABHADRACHARI AGED ABOUT 49 YEARS R/O KANNAMANGALA VILLAGE KASABA HOBLI DEVANAHALLI TALUK BENGALURU - 562 110. …PETITIONERS (BY SRI K. GOVINDRAJ, ADV., FOR SRI P. NEHRU, ADV.) AND:

STATE OF KARNATAKA REP BY DEVANAHALLI P.S BENGALURU RURAL DISTRICT REPRESENTED BY SPP HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO GRANT THEM BAIL IN CRIME NO.136/2026 OF DEVANAHALLI POLICE STATION FOR THE ALLEGED OFFENCE P/U/S 108,74,351(2),352,3(5) OF BNS 2023 PENDING ON THE FILE OF THE

by NANDINI M S Location: HIGH COURT OF KARNATAKA

PRINCIPAL CIVIL JUDGE AND JMFC DEVANAHALLI, BY IMPOSING SUCH TERMS AND CONDITIONS THAT THIS HONBLE COURT DEEMS FIT.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

¶1Accused Nos.1 and 2 in Crime No.136 of 2026 registered by Devanahalli Police Station, Bengaluru City for offences punishable under Sections 108, 74, 351(2), 352 R/w Section 3(5) of BNS, 2023 are before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail.

¶2Heard the learned counsel for the parties.

¶3FIR in Crime No.136 of 2026 was registered by Devanahalli Police Station, Bengaluru City against Smt. Shivakumari and others, based on first information dated

04.08.2026 received from Smt. Pooja, who is the daughter-in-law of deceased Smt. Nagarathnamma. In the said case, petitioners were arrested on 08.08.2026 and remanded to judicial custody. Their bail application filed before the

jurisdictional Sessions Court in Crl.Misc.No.15178/2026 rejected on 25.08.2026. Therefore, they are before this Court.

¶4A reading of the material made available to this Court would go to show that, the deceased Smt. Nagarathamma, was the mother-in-law of the first informant Smt. Pooja. It appears that accused nos.1 and 2 who are husband and wife were acquainted to Smt. Nagarathamma and they allegedly had introduced accused no.3, who was doing real estate business. Subsequently, Nagarathnamma appears to have invested an amount of Rs.1 crore through bank transaction and Rs.3 crore by cash in the real estate business with accused no.3. Since, a dispute arose between accused no.3 and Smt. Nagarathamma with regard to repayment of money invested she had approached the jurisdictional Police on

15.03.2025 and filed a complaint against accused no.3. Accused no.3, who allegedly had appeared before the Police had agreed to refund amount received by him from Smt. Nagarathamma. Thereafter, he failed to honour his committment and cheque issued by him for the aforesaid amount were also dishonoured. Subsequently, Smt.

Nagarathamma had committed suicide leaving behind death note.

¶5Accused no.3, who was arrested in the present case has been granted regular bail by this Court in Crl.P.No.14323/2026 vide order dated 24.09.2026. The petitioners, who are husband and wife having no other criminal antecedents are in custody from 08.08.2026. They are ready and willing to cooperate with the investigation officer for the purpose of investigation. Accordingly, the following:- ORDER

(i) Criminal petition is allowed.

(ii) The petitioners are directed to be enlarged on bail in Crime No.136 of 2026 registered by Devanahalli Police Station, Bengaluru City for offences punishable under Sections 108, 74, 351(2), 352 R/w Section 3(5) of BNS, 2023, subject to the following conditions: a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh

only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future. e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.

Sd/- (S VISHWAJITH SHETTY) JUDGE

NMS List No.: 1 Sl No.: 40