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2025 DAILYLAW 28457 (KAR)

AYESHA BEE @ AYESHA v. STATE OF KARNATAKA

CRL.P/7933/2025 · 2025-06-26

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22551 CRL.P No. 7933 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7933 OF 2025 BETWEEN: AYESHA BEE @ AYESHA W/O LATE ANWART BHASHA AGED ABOUT 43 YEARS R/AT NO.72/5 5TH CROSS 5TH MAIN NEAR BILAL MASJID REHAMATHANAGARA R.T. NAGAR BENGALURU - 560 032 THE CORRECT ADDRESS OF THE PETITIONER IS FOLLOWS) NO.72 PATEL COMPOUND RAHATMATH NAGAR, BANGALORE NORTH R.T. NAGAR BANGALORE NORTH BENGALURU BENGALURU - 560 032. …PETITIONER (BY SRI MOHAN KUMAR B.M, ADV.) AND: STATE OF KARNATAKA BY R.T. NAGAR POLICE BENGALURU, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO WHO IS ARRAYED AS ACCUSED NO.8 IN CR.NO.16/2025 AND ACCUSED NO.3 IN C.C.NO.12741/2025 PENDING ON THE FILE OF THE HONBLE COURT OF VIII A.C.J.M BENGALURU FOR THE OFFENCE P/U/S 61(2),140(1),103 R/W 3(5) OF BNS ACT. 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:22551 CRL.P No. 7933 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.3 in Crime No.16/2025 registered by R.T.Nagar Police Station, Bengaluru City, for the offences punishable under Sections 61(2), 140(1), 103 read with 3(5) 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.16/2025 was registered by R.T.Nagar Police Station, Bengaluru City, initially for the offences punishable under Sections 109, 126(2), 3(5) of BNS, 2023, against the Syed Farvez and others based on the first information dated 22.01.2025 received from Syed Ghouse S/o Syed Nazeer who is the father of deceased Syed Salman. During the course of investigation, petitioner herein was arrested on 10.02.2025 and subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed - 3 - HC-KAR NC: 2025:KHC:22551 CRL.P No. 7933 of 2025 against eight persons and petitioner is arrayed as accused no.3 in the charge sheet. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl. Misc. No.3704/2025 was rejected on 28.05.2025. Therefore, she is before this Court. 4. Perusal of the material on record would go to show that petitioner's name is not found in the FIR. The first information was submitted by the father of the deceased based on the information which he had received from his son Syed Salman who was injured as a result of the assault made by accused no.1 - Syed Farvez and others. During the course of investigation, petitioner herein who is the elder sister of accused no.1 - Syed Farvez was arrested on 10.02.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed. 5. Perusal of the charge sheet would go to show that there is no specific overt act against the petitioner herein. Except stating that petitioner was present along with the other accused persons at the spot of crime when accused no.1 and others - 4 - HC-KAR NC: 2025:KHC:22551 CRL.P No. 7933 of 2025 assaulted deceased Syed Salman, no other allegation is made against her. 6. Petitioner is a married lady aged about 43 years. Investigation of the case is already completed. Considering the aforesaid aspects of the matter and also having regard to the proviso to Section 480 of BNS, 2023, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.16/2025 registered by R.T.Nagar Police Station, Bengaluru City, for the offences punishable under Sections 61(2), 140(1), 103 read with 3(5) 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 his appearance for valid reasons; - 5 - HC-KAR NC: 2025:KHC:22551 CRL.P No. 7933 of 2025 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; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK