Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:19846 CRL.P No. 6271 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6271 OF 2025 BETWEEN:
M. RAYANA D/O MAHAMMAD KUTTI AGED ABOUT 46 YEARS R/AT NO.4-248/20 NARAYANA GURU NAGARA KENJAR, PEJAVARA VTC KENJAR, PO:KENJAR, D.K - 574 142. …PETITIONER (BY MS. PRASANNA K, ADV.) AND:
STATE OFKARNATAKA BY BELLARE POLICE STATION BY SPP HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP)
THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT TO RELEASE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CONNECTION WITH CR.NO.8/2025 REGISTERED BY BELLARE P.S., FOR THE OFFENCES P/U/S 305,331(3),331(4) OF BNS, 2023, PENDING ON THE FILE OF THE 5th ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALORE, SITTING AT PUTTUR, D.K.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:19846 CRL.P No. 6271 of 2025
ORAL ORDER
Accused No.1 in Crime No.8/2025 registered by Bellare Police Station, Dakshina Kannada District for the offences punishable under Sections 305, 331(3), 331(4) of BNS, 2023 is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail.
2. Heard the learned counsel appearing for the parties.
3. FIR in Crime No.8/2025 was registered by Bellare Police Station, Dakshina Kannada District against unknown persons on the basis of first information dated 07.02.2025 received from Sri Mohammad Arif S/o Sulaiman. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.5044/2025, which was rejected on 25.03.2025. Therefore, she is before this Court.
4.
Learned counsel for the petitioner submits that the petitioner is a lady, aged about 46 years having no criminal antecedents. During the course of investigation,
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HC-KAR NC: 2025:KHC:19846 CRL.P No. 6271 of 2025
accused Nos.2 and 3 have been arrested and only based on their confession statement the petitioner has been arraigned as an accused No.1 in the present case. She is 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 bail petition does not dispute the submission made by
learned counsel for the petitioner.
6. FIR in the present case was registered against unknown persons and in the first information it is alleged that the first informant and his family members had locked their house and had gone to attend some religious function. On the night of 06.02.2025 when they returned back home from the religious function, the first informant noticed that front door lock of the house was broke open and it was also noticed that somebody had entered the house after breaking open the door and stolen gold jewellery worth Rs.1,43,000/- from the house of the first
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HC-KAR NC: 2025:KHC:19846 CRL.P No. 6271 of 2025
informant. During the course of investigation, accused Nos.2 and 3 were arrested and in their remand application, it is alleged that the said accused persons had confessed during the course of their interrogation that they had committed theft in the house of the first informant on the night of 06.02.2025 at the instance of the petitioner. Under the said circumstance, the petitioner, who is a lady is arraigned as accused No.1 in the present case. Undisputedly, she has no criminal antecedents. She has undertaken to cooperate with the police for the purpose of investigation.
7. Considering the aforesaid aspects of the matter more so taking into consideration that the petitioner is a lady aged about 46 years having no criminal antecedents, I am of the opinion that, the petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively subject to appropriate conditions.
8. Accordingly, the following:
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HC-KAR NC: 2025:KHC:19846 CRL.P No. 6271 of 2025
ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.8/2025 registered by Bellare Police Station, Dakshina Kannada District for the offences punishable under Sections 305, 331(3), 331(4) of BNS, 2023 subject to the following conditions:
1. The petitioner shall appear before the Investigating Officer in the present case on 20.06.2025 at 10.00 a.m, and if necessary, Investigating Officer shall take the petitioner to custody for the purpose of interrogation on the said date but it is made clear that the Investigating Officer shall release the petitioner on the very same date on or before 6.00 p.m,
2. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the investigating officer.
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HC-KAR NC: 2025:KHC:19846 CRL.P No. 6271 of 2025
3. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
4. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon.
5. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE
NMS