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2025 DAILYLAW 21892 (KAR)

SMT MEHARUNNISA v. STATE OF KARNATAKA

CRL.P/4257/2025 · 2025-04-03

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:14275 CRL.P No. 4257 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4257 OF 2025 BETWEEN: 1. SMT. MEHARUNNISA W/O RAHIM KHAN AGED ABOUT 50 YEARS. 2. SMT. TABASSUM BANU W/O SALEEM KHAN AGED ABOUT 29 YEARS. BOTH ARE R/AT ARASIKERE COLONY, BAVIKERE, VTC BAVIKERE POST, TARIKERE TALUK - 577 228 CHIKKAMAGALURU DISTRICT. …PETITIONERS (BY SRI HONNUR ALI, ADV.) AND: STATE OF KARNATAKA LAKKAVALLI P.S, LAKKAVALLI REP BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 009. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL AND DIRECTING THE RESPONDENT POLICE TO ENLARGE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.12/2025 REGISTERED BY LAKKAVALLI POLICE FOR ALLEGED OFFENCE P/U/S 108,3(5) OF BNS PENDING ON THE FILE OF THE LEARNED ADDL.CIVIL JUDGE AND J.M.F.C, TARIKERE, CHIKKAMAGALURU DISTRICT. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14275 CRL.P No. 4257 of 2025 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 nos.3 & 4 in Crime No.12/2025 registered by Lakkavalli Police Station, Chikkamagaluru, for the offences punishable under Sections 108, 3(5) of BNS, 2023, are before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.12/2025 was registered by Lakkavalli Police Station, Chikkamagaluru, for the aforesaid offences against Rahima and others based on the first information dated 04.02.2025 received from Sarvar Khan - father of deceased Shabina Khanum. Apprehending arrest in the said case, petitioners who are arrayed as accused nos.3 & 4 in the FIR, had filed Crl. Misc. No.67/2025 before the jurisdictional Sessions Court, which was rejected on 25.02.2025. Therefore, they are before this Court. - 3 - NC: 2025:KHC:14275 CRL.P No. 4257 of 2025 4. Learned Counsel for the petitioners having reiterated the grounds urged in the petition, submits that accused nos.1 & 2 who were arrested in the present case, have been already released on regular bail. The allegation in the first information is only as against accused nos.1 & 2. Petitioners are ladies and they are ready and willing to cooperate with the police for the purpose of investigation. 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 for the petitioners. 6. Perusal of the material on record would go to show that the allegation of ill-treating and harassing the deceased is found in the first information as against accused nos.1 & 2. So far as the petitioners herein are concerned, the allegation as against them are omnibus. Accused nos.1 & 2 who were arrested in the present case, have been granted regular bail. Petitioners are ladies who have no criminal antecedents. Petitioners herein are close relatives of accused nos.1 & 2. They have undertaken to cooperate with the police for the purpose of - 4 - NC: 2025:KHC:14275 CRL.P No. 4257 of 2025 investigation. Considering the nature of allegations as against the petitioners who are ladies and also taking into consideration that accused nos.1 & 2 have been enlarged on bail, I am of the opinion that petitioners prayer for grant of anticipatory bail requires to be answered affirmatively. Accordingly, the following order: 7. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.12/2025 registered by Lakkavalli Police Station, Chikkamagaluru, for the offences punishable under Sections 108, 3(5) of BNS, 2023, subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 5 - NC: 2025:KHC:14275 CRL.P No. 4257 of 2025 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK