SMT. AKTHARUNNISSA @ AKTHAR UNNISSA v. STATE OF KARNATAKA
CRL.P/13505/2025 · 2025-11-12
Shivashankar Amarannavar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42097 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42097 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:46144 CRL.P No. 13505 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13505 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN:
1.
SMT. AKTHARUNNISSA @ AKTHAR UNNISSA D/O LATE MOHAMMED AMEERSAB AGED ABOUT 59 YEARS R/O DARGHA ROAD, MADHUGIRI TOWN PIN CODE – 572 132
2.
SMT. PARVATHI W/O LATE MANJUNATHA AGED ABOUT 42 YEARS R/O CHODESHWARI TEMPLE STREET MADHUGIRI TOWN NOW AT PRESENT RAGAHVENDRA COLONY MADHUGIRI TOWN – 572 132
…PETITIONERS (BY SRI. VIVEK S., ADVOCATE)
AND:
STATE OF KARNATAKA BY MADHUGIRI POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU – 560 001
…RESPONDENT (BY SMT. RASHMI PATEL., HCGP)
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:46144 CRL.P No. 13505 of 2025
THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.0114/2025 MADHUGIRI P.S. ARISING FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 417, 418, 419, 420, 465, 471, 504, 506 R/W 34 OF INDIAN PENAL CODE PENDING BEFORE THE PRL. CIVIL JUDGE (SR.DN) & C.J.M, MADHUGIRI.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by the petitioners –accused Nos.1 and 2 under Section 482 of BNS praying to grant anticipatory bail in Crime No.114/2025 of Madhugiri Police Station registered for offences punishable under Section 417, 418, 419, 420, 465, 471, 504, 506 read with Section 34 of IPC.
2. Heard learned counsel for petitioners and learned High Court Government Pleader for the respondent –State.
3.
Learned counsel for petitioners would contend that the alleged document is said to be executed on 28.04.2011 and complaint has been filed on 07.08.2025
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HC-KAR NC: 2025:KHC:46144 CRL.P No. 13505 of 2025
and there is a delay in filing the complaint. The complainant and petitioner No.1 -accused No.1 are sisters and residing in the house situated opposite to each other. The offences alleged against petitioners are not punishable either with death or imprisonment for life. The petitioners are ready to co-operate with the police in the investigation. There are no criminal antecedents of the petitioners. The petitioners are women. With this, he prayed to allow the petition.
4. Per contra, learned High Court Government Pleader for the respondent -State would contend that accused No.2 impersonated the first informant at the instance of accusedNo.1 and executed gift deed of the property belonging to first informant in favour of accused No.1. The investigation is in progress. If the petitioners are granted anticipatory bail, they will hamper the investigation and tamper the prosecution witnesses. With this, she prayed to reject the petition.
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HC-KAR NC: 2025:KHC:46144 CRL.P No. 13505 of 2025
5. Having heard the learned counsels, the Court has perused FIR, complaint and other materials placed on record.
6. On reading of the first information, the allegation against the petitioners is that petitioner No.1 - accused No.1 who is the sister of first informant has got executed the gift deed of the property of first informant and petitioner No.2 -accused No.2 has impersonated the first informant to execute gift deed in favour of accused No.1. The case of the prosecution is based on documentary evidence. The petitioners have undertaken to co-operate with the police in the investigation and abide by any conditions to be imposed by this Court. The offences alleged against petitioners are not punishable either with death or imprisonment for life. The petitioners are women and there are no criminal antecedents. Considering the above aspects, petitioners have made out grounds for grant of anticipatory bail with conditions.
7. In the result, the following
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HC-KAR NC: 2025:KHC:46144 CRL.P No. 13505 of 2025
ORDER i) The petition is allowed. ii) Petitioners –accused Nos.1 and 2 are ordered to be released on bail in the event of their arrest in Crime No.114/2025 of Madhugiri Police Station registered for offences punishable under Section 417, 418, 419, 420, 465, 471, 504, 506 read with Section 34 of IPC subject to following conditions; a) Petitioners –accused Nos.1 and 2 shall voluntarily appear before the Investigating Officer within 15 days from this day and execute a personal bond for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the Investigating Officer.
b) Petitioners –accused Nos.1 and 2 shall co- operate with the police in the investigation.
c) Petitioners –accused Nos.1 and 2 shall not directly or indirectly make an inducement or threat or promise to any person acquainted with the parts of the case so as to dissuade him
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HC-KAR NC: 2025:KHC:46144 CRL.P No. 13505 of 2025
from disclosing such a facts to the court or police officer or tamper with the evidence.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
DSP List No.: 1 Sl No.: 19