Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:10841 CRL.P No. 13734 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13734 OF 2024 (438(Cr.PC) / 482(BNSS)) BETWEEN:
SMT MARIYA @ MARIYA BEMADINE PINTO W/O DEEPAK PINTO, AGED ABOUT 51 YEARS R/O NO.13, OIL MILL ROAD, MANGALA LAYOUT, ARVINDNAGARA, BENGALURU-560078. …PETITIONER (BY SRI. SUDHARSHAN L., ADVOCATE)
AND:
STATE BY KAGGALIPURA POLICE STATION, BENGALURU, REP. BY SPP, HIGH COURT, BENGALURU-560001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP.)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CR.NO.03/2024 AND IN C.C.NO.3359/2024 ON THE FILE OF KAGGALIPURA P.S.
BENGALURU AND PENDING ON THE FILE OF II ADDL. C.J.M COURT AT BENGALURU FOR THE OFFENCES P/U/S 498(A),306,304(B) R/W 34 OF IPC.
Digitally signed by NANDINI B G Location: High Court of Karnataka
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NC: 2025:KHC:10841 CRL.P No. 13734 of 2024
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.4 in Crime No.3/2024 registered by Kaggalipura Police Station, Ramanagar, pending before the learned II Additional CJM Court, Bengaluru, for offences punishable under Sections 498A, 306, 304B read with Section 34 of Indian Penal Code (for short, 'IPC') is before this Court under Section 438 of Cr.PC is seeking anticipatory bail.
2. Heard the learned counsels for the parties.
3. FIR in Crime No.3/2024 was registered by Kaggalipura Police Station, Ramanagar against Anthony G Fernandes and three other persons on the basis of the first information dated 05.01.2024 received from Kevan V Dsouza - brother of the deceased - Sheetal Fernandes. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.2558/2024 before the Jurisdictional Sessions Court which was rejected on 27.11.2024. Therefore, she is before this Court.
4. Perusal of the materials on record would go to show that undisputedly, petitioner is residing in Dubai. Accused No.1,
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NC: 2025:KHC:10841 CRL.P No. 13734 of 2024
who is the husband of deceased is the brother of the petitioner herein. In the first information as well as in the charge sheet, it is alleged that, whenever the petitioner used to return from Dubai she used to abuse and ill-treat the deceased. There are no specific allegations as against the petitioner who is arrayed as accused No.4 in the charge sheet.
5. Accused Nos. 1 and 2 have been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.9318/2024 and Crl.P.No.4314/2024. Petitioner is a married lady aged about 51 years. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following:-
ORDER
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 his arrest in Crime No.3/2024 of Kaggalipura Police Station, Ramanagar, pending before the learned II Additional CJM Court, Bengaluru, for the offences punishable under Sections
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NC: 2025:KHC:10841 CRL.P No. 13734 of 2024
498A, 306, 304B read with Section 34 of IPC, 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.
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 he 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
SPV List No.: 1 Sl No.: 47