Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:30344 CRL.P No. 4868 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4868 OF 2026 BETWEEN:
MRS. RIDHA SHABANA W/O MOHAMMED FISAL AGED ABOUT 27 YEARS RESIDING AT FLAT NO."C" 106, CITY GATE WAY 1ST FLOOR, MISSION COMPOUND NEAR SHANTHI NAGARA CROSS UDUPI DISTRICT - 576 101 (NOW IN JUDICIAL CUSTODY) …PETITIONER (BY SRI P.P. HEGDE, LEARNED SENIOR COUNSEL FOR SRI GANAPATHI BHAT, ADV.) AND:
1.
THE STATE OF KARNATAKA THROUGH THE INSPECTOR OF POLICE MALPE POLICE STATION, UDUPI REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 01.
2.
DEPUTY SUPERINTENDENT OF POLICE UDUPI SUB-DIVISION UDUPI DISTRICT - 576 101, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 01. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.4 IN CONNECTION WITH CRIME NO.108/2025 REGISTERED BY
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:30344 CRL.P No. 4868 of 2026
MALPE POLICE STATION FOR OFFENCE P/US/ 103 AND 3(5) OF BNS 2023 AND SEC.3 OF THE KARNATAKA CONTROL OF ORGANISED CRIME ACT, 2000 NOW PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MYSURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused no.4 in Crime No.108/2025 registered by Malpe Police Station, Udupi District for the offences punishable under Section 103 R/w Section 3(5) of BNS, 2023 and Section of KCOCA Act, 2000 is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.108/2025 registered by Malpe Police Station, Udupi District was registered initially for the offence punishable under Section 103 R/w Section 3(5) of BNS, 2023 against Faizal Khan and others, based on the first information dated 27.09.2025 received from Sri Abdul Anzil S/o deceased Saipuddin. In the said case, the petitioner was
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HC-KAR NC: 2026:KHC:30344 CRL.P No. 4868 of 2026
arrested on 03.10.2025 and remanded to judicial custody. His bail application before the jurisdiction Sessions Court in Crl.Misc.no.410/2025 was rejected on 15.11.2025. Therefore, she is before this Court. 4. Learned Senior Counsel appearing for the petitioner submits that the petitioner is a married lady having a minor child. She has no criminal antecedents. She is arraigned as accused in the present case only for the reason that her husband (accused no.1) is involved in the present case. Investigation of the case is already completed. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP who has opposed the bail petition submits that, allegation against the petitioner is that she had conspired with other accused persons and had induced the deceased to come to the spot of crime where he was murdered. Accordingly, she prays to dismiss the petition. 6. FIR in the present case was registered against Faizal Khan and others, based on the first information dated
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HC-KAR NC: 2026:KHC:30344 CRL.P No. 4868 of 2026
27.09.2025 received from Sri Abdul Anzil, who is the son of the deceased Saipuddin. A reading of the first information would reveal that the petitioner's name is not mentioned in the same. After accused named in the FIR, including the petitioner's husband were arrested, subsequently, the petitioner was arrested on 03.10.2025 and remanded to judicial custody. Investigation of the case is now completed and charge sheet is filed. 7.
Allegation against the petitioner is that she had conspired with accused persons to commit the murder of deceased and had induced the deceased to come to the spot of. The allegation against the other accused is that subsequently, they committed the murder of deceased. 8. Undisputedly, the petitioner has no other criminal antecedents. It is stated that the petitioner who is a married lady, aged 27 years has a minor child. 9. Taking into consideration the aforesaid aspects of the matter and also the proviso to Section 480 of BNSS, 2023,
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HC-KAR NC: 2026:KHC:30344 CRL.P No. 4868 of 2026
I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 10. Accordingly, the following:
ORDER Criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.108/2025 registered by Malpe Police Station, Udupi District for the offences punishable under Section 103 R/w Section 3(5) of BNS, 2023 and Section of KCOCA Act, 2000, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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 her appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
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HC-KAR NC: 2026:KHC:30344 CRL.P No. 4868 of 2026
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 her is
disposed off.
Sd/- (S VISHWAJITH SHETTY) JUDGE
NMS List No.: 1 Sl No.: 48