Petitioner granted bail where implication rests on custodial confession and circumstantial evidence despite pending trial.

The petitioner, Mamata Nagesh, was arrested on 24.05.2025 in connection with Sinapali PS Case No. 130 of 2025 for the alleged murder of Lagnia Sunani.

The deceased went missing on 13.05.2025 following a prior quarrel with the petitioner’s husband (co-accused).

The body was recovered on 21.05.2025.

The prosecution alleged a conspiracy involving the petitioner, citing an illicit affair between her and the deceased as the motive.

Evidence against the petitioner included a statement recorded under Section 23(2) of the Bharatiya Sakshya Adhiniyam (BSA) and the recovery of the deceased's mobile phone.

The petitioner sought regular bail under Section 483 of the BNSS.

1. Whether the petitioner is entitled to be enlarged on bail considering her role in the alleged offense, her gender, and the progress of the investigation.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the power of the High Court to grant bail.

Section 23(2) of the Bharatiya Sakshya Adhiniyam (BSA), 2023 regarding evidentiary value of statements.

Section 103(1) (punishment for murder), Section 238 (causing disappearance of evidence), Section 61(2) (criminal conspiracy), and Section 3(5) (joint liability) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The Court observed that while the petitioner's husband and others were the primary accused in the physical act of killing, the specific allegation against the petitioner was limited to calling the deceased to a spot.

The Court highlighted several mitigating factors: the petitioner is a woman with children, she had been in custody since May 2025, and the charge sheet had already been submitted, thereby reducing the risk of tampering with prosecution materials.

The Court noted there was no evidence suggesting a risk of absconding.

The Court found that continued detention was unnecessary as the trial was yet to commence and the investigation was complete.

The Court directed her release upon furnishing a bail bond of Rs. 25,000 with one solvent surety, subject to the condition that she attends the trial Court on every posting date.

The Court further directed that any failure to appear without sufficient cause would make the petitioner liable for prosecution under Section 269 of the BNS, 2023.