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2026 DAILYLAW 17887 (KAR)

AYISHA NIBHA KHAN v. THE STATE OF KARNATAKA

CRL.P/7065/2026 · 2026-05-14

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:24754 CRL.P No. 7065 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL PETITION NO. 7065 OF 2026 BETWEEN: 1. AYISHA NIBHA KHAN D/O SHARIFF KHAN, AGED ABOUT 21 YEARS, R/AT CHANNEL AREA, PENSION MOHALLA, CHIKKAMAGALURU TALUK AND DISTRICT 577101 2. SHABHANA BANU, W/O SHARIFF KHAN, AGED ABOUT 43 YEARS, R/AT CHANNEL AREA, PENSION MOHALLA, CHIKKAMAGALURU TALUK AND DISTRICT 577101 3. SUFIYAN @ RAHAMAN KHAN S/O HAFEEZ @ RAHAMAN KHAN, AGED ABOUT 23 YEARS, R/AT AZAD ROAD, NOORAN MASJID, VIJAYAPURA, CHIKKAMAGALURU TALUK AND DISTRICT - 577101 …PETITIONERS (BY SRI. GIRISH B BALADARE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHIKKAMAGALURU TOWN, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24754 CRL.P No. 7065 of 2026 POLICE STATION, BANGALORE - 560 001 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001 …RESPONDENT (BY SMT.RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.63/2026 REGISTERED BY THE CHIKKAMAGALURU TOWN P.S. CHIKKAMAGALURU DIST. FOR THE OFFENCE P/U/S 352, 115(2), 118(1), 109(1), 351(2), 190 OF BNS 2023 PENDING ON THE FILE OF PRL.CIVIL JUDGE (SR.DN) AND C.J.M COURT CHIKKAMAGALURU DIST. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners are accused Nos.2, 3 and 6 respectively in Crime No.63/2026 registered before Chikkamagaluru Town Police Station for the offences punishable under Sections 352, 115(2), 118(1), 109(1), 351(2) and 190 of BNS, 2023. - 3 - HC-KAR NC: 2026:KHC:24754 CRL.P No. 7065 of 2026 2. A complaint came to be filed by the husband of accused No.2 - petitioner No.1 herein alleging that he married accused No.2 - petitioner No.1 herein on 07.12.2025, who is still pursuing her studies in II year B.Com at First Grade Women's College at NMC Circle, Chikkamagaluru. That he had dropped her at her parental house during her vacation and when he requested her to return to matrimonial home, she refused and picked up quarrel. She had also registered a case against the complainant husband and his family members before the Aldur Police Station that after finishing the Court hearing in the said case, while the complainant was proceedings, accused - petitioners herein abused the complainant in filthy language and threatened with dire consequences and was also attacked and assaulted by the accused persons on his chest, head, stomach, back and other parts of the body. Accordingly the complaint. 3. Learned counsel for the petitioners submits that marital discord between the accused No.2-petitioner No.1 and the complainant is pending consideration before the Family Court at Chikkamagaluru. A case under the Protection of - 4 - HC-KAR NC: 2026:KHC:24754 CRL.P No. 7065 of 2026 Women from Domestic Violence Act, 2005 (DV Act) has also been registered by accused No.2-petitioner No.1 against the complainant. 4. That apart, a complaint in Crime No.11/2026 for the offences punishable under Sections 352, 85, 115(2), 351(2), 190 of BNS, 2023 read with Sections 3 and 4 of DV Act is also registered by accused No.2 - petitioner No.1 herein on 21.01.2026 against the complainant. That the present complaint, subject matter of the present petition, is filed as a counterblast. He further furnishes a copy of another complaint in Crime No.41/2026 filed on the very same day by the petitioners herein for the offences punishable under Sections 115(2), 352, 351(2) of BNS, 2023. 5. He further submits that accused No.1, father of the accused No.2 and husband of accused No.3 herein has already been granted bail by the trial Court. Hence, seeks for granting of bail. 6. Learned High Court Government Pleader referring to the complaint averments submits that there are overt acts - 5 - HC-KAR NC: 2026:KHC:24754 CRL.P No. 7065 of 2026 attributed to accused Nos.2, 3 and 6 herein and their presence is required for interrogation. Hence opposes the bail petition. 7. Heard. Perused the records. 8. The contents of the complaint filed by the complainant indicate marital discord between the accused No.2- petitioner No.1 and the complainant. There are two criminal cases including a case registered under D.V.Act. Accused No.2- petitioner herein has already filed case in Crime No.11/2026 on 21.01.2026 and the present complaint is filed four months thereafter. Petitioners herein have also filed a counter complaint on the very same day which is registered in Crime No.41/2026. 9. Considering the allegations made and the background of the case and stand of the parties, namely, accused No.2 being the wife of the complainant, accused No.3 being the mother-in-law of the complainant and accused No.6 being the friend of the father of accused No.2, this Court deems it appropriate to grant bail to the petitioners as sought for. Accordingly, the following: - 6 - HC-KAR NC: 2026:KHC:24754 CRL.P No. 7065 of 2026 ORDER The petition is allowed. The respondent - Police are directed to release the petitioners in the event of their arrest in Crime No.63/2026 registered by Chikkamagaluru police station for the offences punishable under Sections 352, 115(2), 118(1), 109(1), 351(2) and 190 of BNS, 2023, subject to the following conditions: a. Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties each for the likesum to the satisfaction of the jurisdictional Court. b. Petitioners shall appear before the Investigation Officer within 10 days from the date of receipt of certified copy of this order and shall extend full cooperation in the investigation of the matter. c. Petitioners shall regularly appear before the Trial Court unless exempted by the Trial Court for valid reasons and appear before them whenever called upon. d. Petitioners shall not tamper with the prosecution witnesses. - 7 - HC-KAR NC: 2026:KHC:24754 CRL.P No. 7065 of 2026 e. Petitioners shall not leave the jurisdiction of the trial Court without permission of the said Court until the case registered against them is disposed of. f. Petitioners shall not involve in similar offences in future. Sd/- (M.G.S. KAMAL) JUDGE HNM List No.: 1 Sl No.: 97