Criminal Petition No. 4028 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:16811 CRL.P No. 4028 of 2025 C/W CRL.P No. 4033 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4028 OF 2025 C/W CRIMINAL PETITION NO. 4033 OF 2025 IN CRL.P No. 4028/2025 BETWEEN: AHMED SHAREEF, S/O B. MOHAMMED, AGED ABOUT 41 YEARS, R/AT NO. 9-12, LOWER BAZAR, B KASABA, BANTWAL - 574 211. …PETITIONER Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA (BY SRI. DINESH HEGDE ULEPADY, ADVOCATE FOR SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA
Facts
REPRESENTED BY THE STATION HOUSE OFFICER, MADIKERI TOWN POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. SHANIYA ALI, W/O AHMED SHAREEF, AGED ABOUT 29 YEARS, R/AT PRAKRUTHI LAYOUT, - 2 - NC: 2025:KHC:16811 CRL.P No. 4028 of 2025 C/W CRL.P No. 4033 of 2025 MADIKERI, KODAGU - 571 201 …RESPONDENTS
Legal Reasoning
are before this Court in these two petitions filed under Section 482 of BNSS 2003, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. F.I.R in Crime No.9/2025 was registered by Madikeri town Police Station, Kodagu district for the aforesaid offences on 16.01.2025. Based on the first information received from Respondent No.2-defacto complainant who is the wife of Accused No.1. Accused No.1-Petitioner in Criminal Petition No.4028/2025 had filed Criminal Misc. No.110/2025 and Accused Nos.2 to 5 had filed Criminal Misc.No.109/2025 with - 5 - NC: 2025:KHC:16811 CRL.P No. 4028 of 2025 C/W CRL.P No. 4033 of 2025 the jurisdictional Sessions Court which were rejected on 12th March 2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petitions, submit that the alleged offences are triable by the Court of Magistrate. Petitioners have no other criminal antecedents. They are ready and willing to co-operate with the Police for the purpose of investigation. After the relationship between the accused No.1 and his wife got strained, she has approached the Police making false allegations against accused No.1 and his relatives. Accordingly, prays to allow the petitions. 5. Per contra, learned High Court Government Pleader and learned counsel for Respondent No.2 who has filed statement of objection, have opposed the petitions. 6. Learned counsel for the defacto complainant submits that there are prima facie material to show that Accused No.1 had relationship with multiple ladies after his marriage. When the same was questioned by the defacto complainant, he had ill-treated and tortured her. There is sufficient material to show that he has been continuously - 6 - NC: 2025:KHC:16811 CRL.P No. 4028 of 2025 C/W CRL.P No. 4033 of 2025 criminally intimidating her. He also submits that the gold jewellery and other valuables of the first informant are in the custody of Accused No.1 and his family members and in spite of her request, he has refused to hand over the same to her. Accused No.1 is admittedly employed abroad and he may not co-operate with the Police for the purpose of investigation. Accordingly, he prays to dismiss the petitions. 7. Material on record go to show that marriage of the Accused No.1 with the defacto complainant was performed on 30.10.2014 and it appears that even prior to the marriage, accused No.1 was employed abroad. From a reading of the averments found in the first information, it is found that allegation is made against the accused No.1 that he had received gold jewellery and a car as dowry from the parents of the defacto complainant. It is also alleged that defacto complainant subsequently came to know that accused No.1 had illicit relationship with multiple ladies and when she questioned him about the same, he allegedly had assaulted her. In the first information, the defacto complainant has alleged that in the month of June 2024, when she had questioned her husband about his illicit relationship with some other lady, he assaulted - 7 - NC: 2025:KHC:16811 CRL.P No. 4028 of 2025 C/W CRL.P No. 4033 of 2025 her in front of her parents. However, no F.I.R has been registered against him with regard to the incident said to have taken place in the month of June 2024. Material on record would go to show that the defacto complainant has been residing in her parents' house from 01.10.2024 onwards. The present complaint is filed against Accused No.1 and his relatives by defacto complainant on 16.01.2025. Allegation against accused Nos.2 to 5 are omnibus in nature. The alleged offences for which F.I.R has been registered against the petitioners is triable by the Court of Magistrate and the maximum punishment for the said offences is imprisonment upto seven years. It is not in dispute that petitioners have no other criminal antecedents. They have undertaken to co- operate with the Police for the purpose of investigation. 8. Under the circumstances, I am of the view that prayer made by the petitioner-Accused No.1 in Criminal Petition No.4028/2025 and petitioners-Accused Nos.2 to 5 in Criminal Petition No.4033/2025 for grant of anticipatory bail needs to be answered affirmatively, subject to appropriate conditions which can take care of the apprehension expressed by the learned - 8 - NC: 2025:KHC:16811 CRL.P No. 4028 of 2025 C/W CRL.P No. 4033 of 2025 counsel appearing for the defacto complainant. Accordingly, the following:
Arguments
(BY SMT. PUSHPALATHA B, ADDL. SPP FOR R1; SRI. KESHAV MURTHY K.R, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 438 OF CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN CONNECTION WITH THE CR.NO.9/2025 DATED 16.01.2025 PERTAINING TO THE MADIKERI TOWN P.S., FOR THE OFFENCES P/U/S 85, 115(2), 351(2), 352 OF THE BNS, U/S 3 AND 4 OF DP ACT, U/S 3 AND 4 OF MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019, PENDING ON THE FILE OF HONOURABLE COURT OF SENIOR CIVIL JUDGE AND CJM, AT MADIKERI. IN CRL.P NO. 4033/2025 BETWEEN: 1. KAHDIJAMMA, W/O B. MOHAMMED, AGED ABOUT 82 YEARS, R/AT NO. 9-12, LOWER BAZAR, B KASABA, BANTWAL - 574 211. 2. MOHAMMED IQBAL, S/O B. MOHAMMED, AGED ABOUT 51 YEARS, R/AT NO. 9-12, LOWER BAZAR, B KASABA, BANTWAL - 574 211. 3. ABOOSALIH K.F, S/O HASANABBA K.F, AGED ABOUT 67 YEARS, R/AT D. NO. 12-149/6, FERNDALE KAKKEBETTU, KULSHEKAR, MANGALORE - 575 005. - 3 - NC: 2025:KHC:16811 CRL.P No. 4028 of 2025 C/W CRL.P No. 4033 of 2025 4. HUSSAIN, S/O ABDUL KHADER, AGED ABOUT 55 YEARS, R/AT 2-364, KATIPALLA, MANGALORE - 575 030. (BY SRI. DINESH HEGDE ULEPADY, ADVOCATE FOR SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) ...PETITIONERS AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE STATION HOUSE OFFICER, MADIKERI TOWN POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. SHANIYA ALI, W/O AHMED SHAREEF, AGED ABOUT 29 YEARS, R/AT PRAKRUTHI LAYOUT, MADIKERI, KODAGU - 571 201 (BY SMT. PUSHPALATHA B, ADDL. SPP FOR R1; SRI. KESHAV MURTHY K.R, ADVOCATE FOR R2) ...RESPONDENTS THIS CRL.P IS FILED U/S 438 OF CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONERS ON BAIL IN CONNECTION WITH THE CR.NO.9/2025 DATED 16.01.2025 PERTAINING TO THE MADIKERI TOWN P.S., FOR THE OFFENCES P/U/S 85, 115(2), 351(2), 352 OF THE BNS, U/S 3 AND 4 OF DP ACT, U/S 3 AND 4 OF MUSLIM WOMEN (PROTECTING OF RIGHTS ON MARRIAGE) ACT, 2019, PENDING ON THE FILE OF - 4 - NC: 2025:KHC:16811 CRL.P No. 4028 of 2025 C/W CRL.P No. 4033 of 2025 HONOURABLE COURT OF SENIOR CIVIL JUDGE AND CJM, AT MADIKERI. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 to 5 (Petitioners in Criminal Petition Nos.4028/2025 and 4033/2025) in Crime No.9/2025 registered by Madikeri town Police Station, Kodagu district, for offences punishable under Sections 85, 115(2), 351(2) and 352 of BNS,
Decision
ORDER The petitions are allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners, in the event of their arrest in Crime No.9/2025 registered by Madikeri police station for the offence punishable under Sections 85, 115(2), 351(2) and 352 of the BNS 2023, subject to following conditions: 1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order between 10.00 a.m., and 11.00 a.m., and on the said date, if necessary the Investigation Officer is at liberty to take petitioners into custody for the purpose of interrogation. However, it is made clear that petitioners shall be released on the same day on or before 06.00 p.m. subject to petitioners executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties for the likesum to the satisfaction of the Investigating Officer; - 9 - NC: 2025:KHC:16811 CRL.P No. 4028 of 2025 C/W CRL.P No. 4033 of 2025 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. Petitioners shall also co-operate with the Investigating Officer for the purpose of handing over the belongings and valuables of Respondent No.2- defacto complainant if any, which allegedly is in the possession and custody of the accused persons. Sd/- (S VISHWAJITH SHETTY) JUDGE BNV List No.: 1 Sl No.: 38 CT: BHK