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2025 DAILYLAW 11081 (KAR)

KHAMER BEGUM v. THE STATE OF KARNATAKA

CRL.P/200903/2025 · 2025-05-27

Umesh M Adiga

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:2757 CRL.P No. 200903 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 27TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA CRIMINAL PETITION NO.200903 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: KHAMER BEGUM, W/O HAJI LAL MOHAMMED, AGE 62 YEARS, OCC:RTD. GOVT. TEACHER R/O AZIZ COLONY, YADAGIR-585202. …PETITIONER (BY SRI S.A. KUMBAR,ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH YADAGIR WOMEN P. S. REPRESENTED BY ITS ADDL. SPP HIGH COURT OF KARNATAKA KALABURAGI BENCH AT KALABURAGI-585107. …RESPONDENT (BY SMT.ANITHA M. REDDY, HCGP) THIS CRL.P IS FILED U/S.438 OF CR.P.C (OLD), U/S. 482 OF BNSS (NEW), PRAYING TO GRANT THE ANTICIPATORY BAIL IN CRIME NO.11/2024 AND FIR NO.75/2024 REGISTERED AT YADGIR WOMEN POLICE STATION IN THE EVENT OF HER ARREST PENDING BEFORE THE CIVIL JUDGE AND JMFC (SR.DN) AT YADAGIR FOR THE OFFENCES PUNISHABLE U/SEC. Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2757 CRL.P No. 200903 of 2025 504, 506, 509, 354, 354(A), OF IPC AND R/W SEC. 67(A) OF I.T. ACT. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M. ADIGA ORAL ORDER (PER: HON'BLE MR. JUSTICE UMESH M. ADIGA) 1. Heard the learned counsel for the petitioner as well as the learned High Court Government Pleader for the respondent/State. 2. This petition is filed by petitioner under Section 482 of BNSS, 2023 seeking anticipatory bail in Crime No.11/2024 dated 06.04.2024 registered by Yadgiri Women P.S. for the offences punishable under Sections 504, 506, 509, 354, 354A of Indian Penal Code and Section 67(A) of Information Technology Act, wherein the petitioner is arraigned as accused No.2. 3. The factual matrix of the prosecution case are that, on 06.04.2024 one Smt. Anita Hadgali lodged a complaint to the Station House Officer of Yadgiri Women Police Station - 3 - NC: 2025:KHC-K:2757 CRL.P No. 200903 of 2025 alleging that the son of accused No.2 i.e., accused No.1 sending messages to her unnecessarily harassing her and also calling on mobile phone and threatening her. She complained about it to the petitioner and stated about the conduct of accused No.1 to her. Instead of advising her son, accused No.2 also threatened the complainant stating that she can do whatever she like to do. Thereafter, complainant lodged the complaint to Police which was registered in Crime No.11/2024 for the aforesaid offences. 4. Thereafter, the petitioner was absconding and accordingly, based on the apprehension of her arrest by the respondent police, she approached the Sessions Judge, Yadgiri for grant of anticipatory bail in Crl.Misc.No.214/2025. However, the said application was rejected by the learned Sessions Judge vide order dated 02.05.2025. Being aggrieved by the same, the petitioner approached this court for grant of anticipatory bail by filing this petition. 5. It is submitted by the learned counsel for the petitioner that charge sheet is not yet filed and matter is till under investigation. The alleged offences are not heinous in - 4 - NC: 2025:KHC-K:2757 CRL.P No. 200903 of 2025 nature and not punishable with death or imprisonment for life. The apprehension of the investigating officer as well as the High Court Government Pleader could be met with by imposing suitable conditions including taking of surety to the satisfaction of the court. 6. Hence, the following: ORDER The petition filed under Section 482 of BNSS, 2023 is allowed. Consequently, the petitioner is directed to be released on bail in the event of her arrest by respondent-police in connection with Crime No.11/2024 dated 06.04.2024 registered by Yadgiri Women Police Station for the offences punishable under Sections 504, 506, 509, 354, 354A of Indian Penal Code and Section 67(A) of Information Technology Act subject to the following conditions: i) The petitioner shall execute personal bond for a sum of `25,000/- with one surety for the likesum to the satisfaction of the Investigating Officer; - 5 - NC: 2025:KHC-K:2757 CRL.P No. 200903 of 2025 ii) The petitioner shall surrender herself before the concerned Police Station within 10 days from the date of this order. iii) The petitioner shall co-operate with the Investigating Officer during the investigation and appear before him as and when required; iv) The petitioner shall not try to tamper the prosecution witnesses and evidence especially the complainant. Sd/- (UMESH M ADIGA) JUDGE BL List No.: 1 Sl No.: 6