Smt. Usha vs State Of Karnataka

Accused in Crime No.15/2026 registered by Budikote Police Station, K.G.F., for the offences punishable under Section 103(1) of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.

Heard the learned Counsel for the parties.

FIR in Crime No.15/2026 was registered by Budikote Police Station, K.G.F., for the aforesaid offences against the petitioner herein based on the first information dated 02.03.2026 received from Murali who is the husband of the petitioner. In the said case, petitioner was arrested on 02.03.2026 and remanded to judicial custody. After completing investigation, charge sheet has been filed against her for the aforesaid offences. Her bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.497/2026 was rejected on 24.06.2026. Therefore, petitioner is before this Court.

Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that petitioner's husband was in an illicit relationship. Therefore, there was a serious matrimonial dispute and the petitioner who was frustrated, had decided to commit suicide along with her two children. Petitioner was rescued by CW-3 after she had thrown her children into the sump near a temple. He, accordingly prays to allow the petition.

Per contra, learned HCGP submits that two innocent minor children have died in the incident in question. Petitioner has committed a heinous offence. Accordingly, he prays to dismiss the petition.

First informant in the present case is the husband of the petitioner. Their marriage was solemnized about six years prior to the alleged date of incident and from the wedlock, they have three children. It appears that there was a serious matrimonial dispute between the first informant and the petitioner herein and therefore number of panchayaths were also held in this regard earlier. However, since the dispute had not settled, petitioner who was frustrated had taken her twin children along with her on 02.03.2026 near Sri Venugopalaswamy Temple and after throwing her children to the water sump of the temple, was attempting to jump into the said sump when CW-3 rescued her. It is under these circumstances, first information was registered against her for the aforesaid offences.

Investigation of the case is completed and charge sheet is filed. Considering the background in which the incident in question has taken place and also the fact that the petitioner is required to take care of her surviving son who is aged five years, and also taking into consideration the proviso to Section 480(1) of BNSS, 2023, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:

The Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.15/2026 registered by Budikote Police Station, K.G.F., for the offences punishable under Section 103(1) of BNS, 2023, subject to the following conditions: