AYESHA v. STATE BY BIDAR WOMEN POLICE STATION AND ORS
CRL.P/201303/2024 · 2025-06-20
V Srishananda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11556 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11556 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC-K:3274 CRL.P No. 201303 of 2024
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA
CRIMINAL PETITION NO.201303 OF 2024 (407(Cr.PC)/447(BNSS)) BETWEEN:
SMT. AYESHA W/O TAUFIQ, AGE: 24 YEARS, RESIDING AT SANGMESHWAR COLONY, CHIDRI, BIDAR, NOW AT, DOOR NO.213, 3RD CROSS, 9TH MAIN, BCC LAYOUT, CHANDRA LAYOUT, BENGALURU-560040.
…PETITIONER (BY SRI SHAIKH SAOUD, ADVOCATE)
AND:
1.
STATE BY BIDAR WOMEN POLICE STATION, REPRESENTED BY, ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI-585403.
2.
MALAN BE W/O SALEEM, AGED ABOUT 50 YEARS, SANGMESHWAR COLONY, CHIDRI, BIDAR-585403.
3.
ASIF S/O LATE SALEEM, AGE: 27 YEARS, SANGMESHWAR COLONY,
Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC-K:3274 CRL.P No. 201303 of 2024
CHIDRI, BIDAR-585403.
…RESPONDENTS
(BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1;
SRI FAYEEZ ULLAKHAN, ADVOCATE FOR R2)
THIS CRL.P. IS FILED UNDER SECTION 447 OF BNSS, 2023 READ WITH SECTION 407 OF CR.P.C. PRAYING TO, ALLOW THE CASE AT C.C. NO.10301/2023 U/SEC 354, 323, 324, 504, 506 R/W 34 OF IPC, PENDING ON THE FILE OF 1ST ADDL. CIVIL JUDGE AND JMFC-II, BIDAR MAY PLEASED BE TRANSFERRED TO ANY OF THE CHIEF METROPOLITAN MAGISTRATE (CMM) COURTS AT BANGALORE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard learned counsel for the parties.
2. This petition is filed under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 407 of Cr.P.C. with the following prayer:
- 3 -
HC-KAR NC: 2025:KHC-K:3274 CRL.P No. 201303 of 2024
“The petition may please be allowed the case at CC No.10301/2023 u/s 354, 323, 324, 504, 506 r/w 34 IPC pending on the file of 1st Addl. Civil Judge and JMFC II Bidar may pleased be transferred to any of the Chief Metropolitan Magistrate (CMM) courts at Bangalore, in the interest of justice and equity.”
3. The facts in brief which are utmost necessary for disposal of the present petition are as under:
A complaint came to be filed by Smt. Ayesha W/o Taufiq with Women Police Station, Bidar alleging the commission of offences under Sections 354, 323, 324, 504, 506 read with Section 34 of Indian Penal Code which came to be registered in Crime No.9/2023.
4. The police, after thorough investigation, filed the chargesheet and the matter is now pending before the I Additional Civil Judge and JMFC-II, Bidar in C.C.No.10301/2023.
5. The petitioner, being the resident of Bengaluru sought for transfer of the proceedings from Bidar to
- 4 -
HC-KAR NC: 2025:KHC-K:3274 CRL.P No. 201303 of 2024
Bengaluru, as it is difficult for the petitioner to come and contest the matter in Bidar Court.
6. In the grounds urged, it has been mentioned that petitioner is innocent and prior to marriage, respondent Nos.2 and 3 came to Bengaluru and thereafter wards they demanded cash of Rs.10,00,000/-, a car and 300 grams worth gold. It is also contended that after accepting the all necessary demands, marriage has been performed and later on there was ill-treatment and therefore complaint came to be lodged with the Women Police Station, Bidar and now since she is the resident of Bengaluru, she wants the matter to be transferred to any Court at Bengaluru for adjudication.
7. Since the incident has occurred within the limits of the Women Police Station, Bidar, the prayer as sought for by the complainant/petitioner cannot be granted.
8. Hence, following:
- 5 -
HC-KAR NC: 2025:KHC-K:3274 CRL.P No. 201303 of 2024
ORDER The petition is dismissed.
Sd/- (V SRISHANANDA) JUDGE
RSP List No.: 1 Sl No.: 36 CT:PK