Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:20842 CRL.P No. 6735 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6735 OF 2025 BETWEEN:
YASMEEN ALIAS JASMIN W/O UMAR FAROOQ AGED ABOUT 42 YEARS R/AT ANCHEKERI STREET SRIRANGAPATNA TOWN MANDYA TALUK AND DISTRICT - 571 438 PERMANENT ADDRESS, NO.174 8TH CROSS, BELLANDUR BENGALURU SOUTH TALUK BENGALURU - 560 103. …PETITIONER (BY SRI B. VIJAY SHETTY, ADV.) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY SRIRANGAPATNA POLICE STATION, MANDYA TALUK AND DISTRICT - 571 438, REPRESENTED BY GOVERNMENT ADVOCATE HIGH COURT BUILDING BENGALURU - 560 001.
2.
AKRAM PASHA S/O LATE ABDUL JAFAR AGED ABOUT 42 YEARS R/AT LIC OFFICE ROAD DODDA JONIGARA STREET SRIRANGAPATNA TOWN MANDYA TALUK AND DISTRICT - 571 438. …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP)
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:20842 CRL.P No. 6735 of 2025
THIS CRL.P IS FILED U/S 439 CR.PC (FILED BY 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.205/2024 CR.NO.169/2023 WHICH IS PENDING BEFORE THE III ADDL. DISTRICT AND SESSIONS JUDGE, MANDYA (SITTING AT SRIRANGAPATNA) FOR THE OFFENCES PUNISHABLE U/S 302, 201, 511 OF I.P.C AND SECTION 75 OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015, IN THE ABOVE CASE, REGISTERED BY RESPONDENT NO.1 I.E., SRIRANGAPATNA POLICE STATION, MANDYA TALUK AND DISTRICT, ON THE BASIS OF THE COMPLAINT GIVEN BY THE COMPLAINANT, ONE MR.ARKAM PASHA ON 20.08.2023 NIGHT 00-01 HOURS, VIDE ANNEXURE-B.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.2 in Spl.C.No.205/2024 pending before the Court of Prl. District & Sessions Judge, Mandya arising out of Crime No.169/2023 registered by Srirangapatna Police Station, Mandya District, for offences punishable under Sections 302, 201 & 511 of IPC & Section 75 of the Juvenile Justice (Care and Protection of Children), Act, 2015 is before this Court under Section 483 of BNSS, 2023 seeking regular bail.
2. Heard learned counsel for the parties.
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HC-KAR NC: 2025:KHC:20842 CRL.P No. 6735 of 2025
3. FIR in Crime No.169/2023 was registered by Srirangapatna Police Station, Mandya District against Umar Farooq and the petitioner for the aforesaid offences, based on the first information dated 20.08.2023 received from Sri Akram Pasha S/o. Late Abdul Jafer. During the course of investigation, the petitioner herein was arrested on 21.08.2023 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons for the aforesaid offences and the petitioner herein is arraigned as accused No.2 in the charge sheet.
4. Bail application filed by the petitioner in Spl.C.No.205/2024 before the Jurisdictional Sessions Court was rejected on 13.11.2024. Therefore, the petitioner is before this Court.
5.
Learned counsel for the petitioner submits that the petitioner, who is a married lady having no criminal antecedents is in custody for about 22 months. Trial in the
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case is yet to commence. The case of the prosecution is based on circumstantial evidence. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP, who has opposed the petition submits that accused Nos.1 and 2 have assaulted and committed the murder of a girl, aged about 10 years and thereafter tried to burry the dead body of the girl. She submits that considering the gravity of the offence alleged, the prayer made by the petitioner needs to be rejected. 7. FIR in the present case was registered against Umar Farooq and the petitioner herein, based on the first information submitted by one Akram pasha S/o Abdul Jafer on 20.08.2023. In the first information, it is alleged that the on 19.08.2023 at about 8.00 p.m, the first informant was informed by his friend that accused Nos.1 and accused No.2, who allegedly is the second wife of accused No.1 were ill-treating and assaulting Firdosa, who is the daughter of accused No.1 from his first wife Ayesha. - 5 -
HC-KAR NC: 2025:KHC:20842 CRL.P No. 6735 of 2025
When the first informant was about to leave to the house of accused persons, he was informed by his friend that accused No.1 Umar Farooq had already shifted his daughter to a hospital and subsequently he was also informed that Firdosa had died as a result of assault and accused No.1 had taken her in his auto rikshaw for the purpose of burying the dead body. Immediately, thereafter, the first informant and his friend went to the place, where accused No.1 was making arrangements to burry the dead body of deceased Firdosa, aged about 10 years and thereafter submitted first information, based on which, FIR in Crime No.169/2023 was registered by Srirangapatna Police Station, Mandya against accused Nos.1 and 2. 8. During the course of investigation, accused Nos.1 and 2 were arrested and charge sheet was filed against them for the aforesaid offences. Perusal of the material on record would go to show that, accused Nos.1 and 2 were being tried by III Addl.
District & Sessions
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Judge, Mandya in S.C.No.5087/2023 for the charge sheeted offences and after completing trial in S.C.No.5087/2023, the matter was posted for 'pronouncement of judgment'. It appears that at that stage, the learned Sessions Judge realized that the case was required to be tried before the special Court and therefore entire case papers were transferred to Court of Principal District and Sessions Judge, Mandya and de nova trial is now being held against accused Nos.1 and 2 in Spl.C.No.205/2024 by the Court of Principal District and Sessions Judge, Mandya. The material on record would go to show that, charges have been now framed against accused Nos.1 and 2 in S.C.No.205/2024 and examination of charge sheet witnesses is yet to commence. 9. From a perusal of the averments found in the first information and the averments found in the charge sheet it is apparent that, case of the prosecution with regard to alleged assault made by accused Nos.1 and 2 in their house on 19.08.2023 is based on circumstantial
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HC-KAR NC: 2025:KHC:20842 CRL.P No. 6735 of 2025
evidence. However, postmortem report would reveal that deceased Firdosa, aged about 10 years had suffered 19 injuries on her body and in the final report, it is stated that death of the deceased is as a result of multiple injuries sustained by her. 10. Accused No.1 is the person, who had shifted the dead body of his daughter in his autorikshaw and had tried to burry the dead body of deceased in a hurried manner. There is no such allegation in the first information or in the charge sheet that accused No.2 had accompanied accused No.1, while he shifted the dead body of his daughter Firdosa in his autorikshaw to the place, where he intended to bury her. The first informant, who had gone to the place, where accused No.1 was making arrangements to bury the dead body of deceased has not spoken about the presence of accused No.2 in the said place.
It is accused No.1, who had informed the first informant that deceased had died as a result of electric shock, whereas the
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HC-KAR NC: 2025:KHC:20842 CRL.P No. 6735 of 2025
postmortem report would go to show that, the deceased had died as a result of multiple injuries sustained by her. 11. The petitioner has raised a specific contention in her petition that she is not the wife of accused No.1 and on the other hand she is married to Basheer saab and in support of her contention she has also produced her adhar card. Be that as it may, the fact remains that the petitioner, who is a married lady is in custody for about 22 months. The trial in Spl.C.No.205/2024 is yet to commence. 12. Considering the aforesaid aspects of the matter, and also having regard to proviso to Section 437 of Cr.P.C, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 13. Accordingly, the following:-
ORDER The petition is allowed.
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The petitioner is directed to be enlarged on bail in Spl.C.No.205/2024 pending before the Court of Prl. District & Sessions Judge, Mandya arising out of Crime No.169/2023 registered by Srirangapatna Police Station, Mandya District, for offences punishable under Sections 302, 201 & 511 of IPC & Section 75 of the Juvenile Justice (Care and Protection of Children), Act, 2015, subject to the following conditions: a) The 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;
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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 NMS