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2025 DAILYLAW 27063 (KAR)

NOOHIYA FIRDOUS v. STATE BY KUMBALAGODU POLICE STATION

CRL.P/7334/2025 · 2025-06-09

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19651 CRL.P No. 7334 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7334 OF 2025 BETWEEN: NOOHIYA FIRDOUS W/O SYED NASEER AGED ABOUT 35 YEARS R/AT NO. 146, OPP. MARAMMA TEMPLE, DODDABELE COLONY KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 060. …PETITIONER (BY SRI GIREESHA R.J, ADV.) AND: STATE BY KUMBALAGODU POLICE STATION, RAMANAGARA DISTRICT - 560 074 REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HER ARREST IN BAIL IN C.C.NO.5524/2025 IN CR.NO.45/2025 FOR THE OFFENCE P/U/S 109,115(2),351,352,190 OF BNS, REGISTERED BY THE KUMBALAGODU P.S. BENGALURU NOW PENDING ON THE FILE OF 2ND A.C.J.M BENGALURU RURAL DISTRICT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19651 CRL.P No. 7334 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.3 in Crime No.45/2025 registered by Kumbalagudu Police Station, Ramanagara, for the offences punishable under Sections 109, 115(2), 351, 352 and 190 of BNS, 2023, is 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.45/2025 was registered by Kumbalagudu Police Station, Ramanagara, for the aforesaid offences against Rahim and others based on the first information dated 08.02.2025 received from Syed Ghous, who was the owner of the poultry shop in which injured was working. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.708/2025 which was rejected on 02.05.2025. Therefore, she is before this Court. 4. Learned counsel for the petitioner submits that petitioner is the wife of accused No.2 and only allegation against her is that she had handed over the weapon to accused No.1, who - 3 - HC-KAR NC: 2025:KHC:19651 CRL.P No. 7334 of 2025 allegedly had assaulted the injured victim in the present case. He submits that accused Nos.1, 2, 4 and 5, who were arrested in the case have already been granted regular bail by this Court in Crl.P.No.2653/2025. Investigation in the case is completed. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. 6. A perusal of the material on record would go to show that there was ill-will between accused persons and first informant, who were carrying on business of poultry in adjacent shops. It is in this background, on the alleged date of incident, accused persons named in the FIR had abused and assaulted Ansar Pasha, who was working in poultry shop of the first informant. The allegation of assaulting injured Ansar Pasha with a weapon is found as against accused No.1. The allegation as against petitioner, who is the wife of accused No.2 is that she had handed over the weapon to accused No.1, who allegedly had assaulted Ansar Pasha. Accused Nos.1, 2, 4 and 5, who were arrested in this case have been enlarged on regular bail by this - 4 - HC-KAR NC: 2025:KHC:19651 CRL.P No. 7334 of 2025 Court in Crl.P.No.2653/2025 disposed of on 18.03.2025. Petitioner, who is a married lady undisputedly has no other criminal antecedents. Investigation in the case is completed and charge sheet has been filed. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be entertained. 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 petitioner in the event of her arrest in Crime No.45/2025 registered by Kumbalagudu Police Station, Ramanagara, for the offences punishable under Sections 109, 115(2), 351, 352 and 190 of BNS, 2023, subject to the following conditions: 1. The Petitioner 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/- with two sureties for the likesum to the satisfaction of the investigating officer. - 5 - HC-KAR NC: 2025:KHC:19651 CRL.P No. 7334 of 2025 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and she shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN