- 1 - NC: 2025:KHC:10112 CRL.P No. 3018 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3018 OF 2025 BETWEEN: SMT. REHAMATH W/O SHOAIB AGED ABOUT 40 YEARS R/AT NO.7-216, SITE NO.298 AYISHA AIMAN, 7TH BLOCK KATIPALLA, KRISHNAPURA MANGALURU, PRESENTLY R/AT PLOT NO.1003, VISHWAS HERITAGE KULSHEKARA, MANGALURU CITY D.K. DISTRICT - 575 001. …PETITIONER (BY SRI LETHIF B, ADV.) AND: 1. THE STATE OF KARNATAKA BY KAVOOR POLICE STATION D.K DISTRICT, REP. BY SPP HIGH COURT BUILDING BANGALORE - 560 001. 2. HYDER ALI S/O B.M AHAMAD BAVA AGED ABOUT 52 YEARS R/AT FLAT NO.1904 ABHIMAN HILLS, LIGHT HOUSE HILL ROAD, MANGALURU D.K. DISTRICT - 575 003. …RESPONDENTS (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE HER ON BAIL IN CR.NO.150/2024 Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10112 CRL.P No. 3018 of 2025 (C.C.NO.67/2025) OF KAVOOR POLICE STATION, MANGALURU CITY FOR THE OFFENCE P/U/S 308(2), 308(5), 352, 351(2), 50, 54, 61(2), 140(2), 108 R/W 190 OF BNS, PENDING ON THE FILE OF JMFC III COURT, MANGALURU, D.K. DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.1 in Crime No.150/2024 registered by Kavoor Police Station, Dakshina Kannada District, for the offences punishable under Sections 308(2), 308(5) 352, 351(2), 50, 54, 61(2), 140(2), 108, read with 190 of BNS 2023, is before this Court under Section 483 of BNSS 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.150/2024 was registered by Kavoor Police Station, Dakshina Kannada District, against the petitioner and others initially for the offences punishable under Sections 308(2), 308(5), 352, 351(2) & 190 of BNS 2023, on the basis of the first information dated 06.10.2024 received from Hydar Ali - brother of deceased B.M.Mumtaz Ali. Subsequently, the dead body of Mumtaz Ali was found, and thereafter, the offence punishable under Section 108 of BNS 2023 was invoked in the - 3 - NC: 2025:KHC:10112 CRL.P No. 3018 of 2025 present case. During the course of investigation of the case, petitioner herein was arrested on 08.10.2024 and subsequently remanded to judicial custody. Investigation of the case was completed and charge sheet was filed against six accused persons and petitioner is arrayed as accused no.1 in the charge sheet. She had earlier approached this Court in Crl.P.No.13876/2024 and Crl.P.No.475/2025 and the said petitions were dismissed as withdrawn with liberty to the petitioner to file a fresh petition after charge sheet is filed before the Sessions Court. It is under these circumstances, petitioner is before this Court in this successive bail petition. 4. Learned Counsel for the petitioner submits that accused nos.2 to 6 have been granted regular bail by this Court after charge sheet has been filed. Petitioner is a married lady having a minor child aged about 1 1/2 years. She is in custody for the last more than 5 months. The alleged offences are not punishable with death or life imprisonment. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned Counsel - 4 - NC: 2025:KHC:10112 CRL.P No. 3018 of 2025 for the petitioner. He submits that the main allegations are against the petitioner and it is only as a result of blackmailing by the petitioner, the deceased was forced to commit suicide. Accordingly, he prays to dismiss the petition. 6. Perusal of the material on record would go to show that on 06.10.2024, deceased had parked his car near Kuloor bridge and he was found missing. First informant suspected that the deceased might have committed suicide by jumping into the river, and therefore, he had approached the police alleging that the accused persons mentioned in the first information were blackmailing the deceased who was a respected man, and as a result, deceased appears to have committed suicide. It is in this background, FIR in Crime No.150/2024 was registered against the petitioner and others for the offences punishable under Sections 308(2), 308(5), 352, 351(2) & 190 of BNS 2023. Subsequently, the dead body of deceased Mumtaz Ali was recovered from the river and the offence punishable under Section 108 of BNS 2023 was invoked against the accused and during the course of investigation, petitioner herein was arrested on 08.10.2024 and subsequently remanded to judicial - 5 - NC: 2025:KHC:10112 CRL.P No. 3018 of 2025 custody. Investigation of the case is completed and charge sheet has been filed. 7. The allegations in the charge sheet is that petitioner who is a married lady and deceased who also was a married man had illicit relationship and petitioner allegedly had recorded her conversation with the deceased and was blackmailing him. It is alleged that she had forwarded her conversation with the deceased to accused nos.3 to 6 who were having ill-will against the deceased and since the accused persons were threatening to release the conversation recorded by the petitioner in her mobile phone, deceased allegedly had committed suicide by jumping into the river on 06.10.2024. 8. Investigation of the case is completed and charge sheet has been filed. This Court has granted regular bail to accused nos.2 to 6 in Crl.P.No.13068/2024 and connected cases by order dated 23.01.2025. Petitioner is a married lady having a minor child aged about 1 1/2 years. Considering the aforesaid aspects of the matter and also having regard to the proviso to Section 480 of BNSS 2023, I am of the opinion that the prayer - 6 - NC: 2025:KHC:10112 CRL.P No. 3018 of 2025 made by the petitioner seeking grant of regular bail needs to be answered affirmatively. Accordingly, the following order: 9. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.150/2024 registered by Kavoor Police Station, Dakshina Kannada District, for the offences punishable under Sections 308(2), 308(5) 352, 351(2), 50, 54, 61(2), 140(2), 108, read with 190 of BNS 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts her appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; - 7 - NC: 2025:KHC:10112 CRL.P No. 3018 of 2025 e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against her is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK