Criminal Petition No. 4204 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:16499 CRL.P No. 4204 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4204 OF 2025 BETWEEN: 1. SRI. SHABEER KHAN S/O. HUSSAIN KHAN, AGED ABOUT 63 YEARS, 2. SMT. RESHMA, W/O. SHABBIRA KHAN, AGED ABOUT 46 YEARS, BOTH ARE R/AT AZEEZ NAGARA, NAVAJI BORE ROAD, KANAKAPURA TOWN, RAMANAGARA DISTRICT. PINCODE - 562 159
Legal Reasoning
(BY SRI. DAYANANDA B.V., ADVOCATE) …PETITIONERS AND: Digitally signed by NANDINI B G Location: High Court of Karnataka STATE BY KANAKAPURA TOWN POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE - 560 001 (BY SMT. PUSHPALATHA .B., ADDL.S.P.P.) …RESPONDENT THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL IN CRIME NO.202/2024 FOR THE OFFENCE P/U/S 103(1), 85 R/W SEC.3(5) OF BNS ACT 2023 REGISTERED BY THE RESPONDENT POLICE THAT IS KANAKAPURA TOWN POLICE WHICH IS NOW PENDING ON THE FILE OF THE 3RD ADDL. CIVIL JUDGE AND JMFC COURT KANAKAPURA RAMANAGARA DISTRICT AND THE 1ST PETITIONER IS SHOWN AS A- - 2 - NC: 2025:KHC:16499 CRL.P No. 4204 of 2025 2 AND THE 2ND PETITIONER IS SHOWN AS A-3 IN THE SAID FIR AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN THE CRIME NO.202/2022 FOR THE OFFENCE P/U/S 103(1), 85 AND 3(5) OF BNS ACT 2023. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.2 and 3 in Crime No.202/2024 registered by Kanakapura Town Police Station, Ramanagara for offences punishable under Sections 108, 85 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and Sections 3 and 4 of Dowry Prohibition Act, 1961 (for short 'DP Act') are before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking anticipatory bail. 2. 3. Heard the learned counsel for the parties. FIR in Crime No.202/2024 was registered by Kanakapura Town Police Station, Ramanagara against Nawaz Khan S and three others initially for the offence punishable under Sections 103(1) and 85 read with Section 3(5) of BNS on - 3 - NC: 2025:KHC:16499 CRL.P No. 4204 of 2025 the basis of the first information dated 31.12.2024 received from Fathima Bi, who is the mother of deceased - Jasmen Taj. 4. Petitioners herein, who are the parents of accused No.1- Nawaz Khan S were arrayed as accused Nos. 2 and 3 in the FIR. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.5013/2025 before the Jurisdictional Sessions Court which was rejected on 27.01.2025. Therefore, the petitioners are before this Court. 5. Learned counsel for the petitioners submits that accused Nos. 1 and 4 are arrested in the present case and they are in judicial custody. Though FIR was initially registered for offences punishable under Sections 103(1) and 85 read with Section 3(5) of BNS, charge sheet is now filed for the offence punishable under Section 108 of BNS. As against the petitioners herein, there are omnibus allegations and they were not staying with accused No.1 after his marriage with the deceased. Accordingly, he prays to allow the petition. 6. Per contra, learned Additional SPP has opposed the petitioner. She submits that allegation as against all the - 4 - NC: 2025:KHC:16499 CRL.P No. 4204 of 2025 accused in the charge sheet is identical. Accordingly, she prays to dismiss the petition. 7. Perusal of the materials on record would go to show that, marriage of accused No.1, who is the son of the petitioners herein, with the deceased was performed on 09.07.2017 and from the wedlock, they have two children. It appears that after marriage, accused No.1 was staying with his wife and children separately. Deceased Jasmen Taj had committed suicide in her husband's house on 31.12.2024 by hanging herself. Since the first informant suspected foul play in the death of her daughter, had alleged that accused persons had murdered her daughter and therefore initially FIR was registered for offences punishable under Sections 103(1) and 85 read with Section 3(5) of BNS. After completing investigation of the case, charge sheet has been filed now against the accused persons for offences punishable under Sections 108, 85 read with Section 3(5) of BNS and Sections 3 and 4 of DP Act. Accused No.1 and his younger brother, who is arrayed as accused No.4 were arrested and they are said to be in custody. Petitioners are the parents of accused Nos. 1 and 4. Material on record would go to show that they were not staying - 5 - NC: 2025:KHC:16499 CRL.P No. 4204 of 2025 with accused No.1 and his family after his marriage with the deceased. Investigation of the case is completed and the charge sheet has been filed. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following:-
Decision
ORDER The petition is 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.202/2024 registered by Kanakapura Town Police Station, Ramanagara for offences punishable under Sections 108, 85 read with Section 3(5) of BNS and Sections 3 and 4 of DP Act, subject to the 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 and 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 investigating officer. - 6 - NC: 2025:KHC:16499 CRL.P No. 4204 of 2025 2. The Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The Petitioners shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 52