Criminal Petition No. 7645 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:20821 CRL.P No. 7645 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7645 OF 2025 BETWEEN: 1. ASIF PASHA, S/O AMJAD PASHA, AGED ABOUT 31 YEARS, NO.23, WARD NO.24, YARAB NAGAR, RAMANAGAR TOWN, RAMANAGAR TALUK AND DISTRICT, PIN - 562 161. 2. SAHIRA BANU, W/O AMJAD PASHA, AGED ABOUT 54 YEARS, WARD NO.24, 2ND BLOCK, YARAB NAGAR, RAMANAGAR TOWN, RAMANAGAR TALUK AND DISTRICT, PIN - 562 161. 3. TAUSIF PASHA, S/O AMJAD PASHA, AGED ABOUT 29 YEARS, WARD NO.24, 2ND BLOCK, YARAB NAGAR, RAMANAGAR TOWN, PIN - 562 161. 4. RUKSAR BANU, W/O SYED MIR SHARFADDIN AGED ABOUT 34 YEARS, WARD NO.24, 2ND BLOCK,
Legal Reasoning
Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:20821 CRL.P No. 7645 of 2025 HC-KAR YARAB NAGAR, RAMANAGAR TOWN, RAMANAGAR TALUK AND DISTRICT, PIN - 562 161. 5. SYED MIR SHARFUDDIN @ SALEEM S/O AKABAR SHARIF, AGED ABOUT 33 YEARS, WARD NO.23, KOTTIPUR ROAD TIPU NAGAR, RAMANAGAR TOWN, PIN NO 562159. 6. NIKHAT SULTAN, W/O TANVEER AHMED, AGED ABOUT 33 YEARS, # 669, LI G.-1, 2ND PHASE, RAJIV NAGAR, UDAYAGIRI, MYSORE PIN - 570 007. 7. TANVEER AHMED, S/O NAZIR AHMAD, AGED ABOUT 39 YEARS, 669, LI. G.-1, 2ND PHASE, RAJIV NAGAR UDAYAGIRI, MYSORE PIN - 570 007. 8. RAZIA SULTANA, W/O NOOR ULLAH BAIG, AGED ABJOUT 30 YEARS, 11TH WARD GHAUSIA NAGAR, RAMANAGAR TOWN, RAMANAGAR - 562 159. 9. MOHAMMAD ISMAIL ZABIULLAH @ TABREZ, S/O MOHAMMAD KHALIL ULLAH, AGED ABOUT 44 YEARS, - 3 - NC: 2025:KHC:20821 CRL.P No. 7645 of 2025 HC-KAR 1ST BLOCK WARD NO. 24, NEAR NOORANI MASJID, YARAB NAGAR, RAMANAGAR - 562 161. 10. SHANAWAZ SHANU, W/O LATE BASHA SAAB, AGED ABOUT 54 YEARS, IST BLOCK WARD NO. 24, NEAR NOORANI MASJID, YARAB NAGAR, RAMANAGAR PIN - 562 161. 11. SYED IBRAN IMRAN, S/O SYED BASHA, AGED ABOUT 41 YEARS, WARD NO. 24, NEAR NORANI MASJID, YARAB NAGAR, RAMNAGAR TOWN PIN - 562 161. 12. NAGMA, W/O SYED IBRAN @ IMRAN, AGED ABOUT 28 YEARS, WARD NO.24, NEAR NORANI MASJID, YARAB NAGAR, RAMNAGAR, PIN - 562 161. …PETITIONERS
Legal Reasoning
(BY SRI. ANSHUMAN A., ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAMANAGARA WOMEN'S POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, - 4 - NC: 2025:KHC:20821 CRL.P No. 7645 of 2025 HC-KAR BENGALURU - 560 002. (BY ASMA KAUSER.,ADVOCATE) …RESPONDENT THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO 1. SET ASIDE THE IMPUGNED ORDER III PASSED BY DATED ADDL.DISTRICT AND SESSIONS JUDGE, RAMANAGARA IN CRL.MISC NO.65/2025 REJECTING ANTICIPATORY BAIL AT ANNEXURE-C. THE HONBLE 31.01.2025 THIS PETITION, 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 12 in Crime No.2/2025 registered by Ramanagara Women Police Station, Ramanagara District, for offences punishable under Sections 85, 115(2), 352, 351(2), 75 and 133 of BNS 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961 are before this Court under Section 482 of BNSS 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.2/2025 was registered by Ramanagara Women Police Station, Ramanagara District, - 5 - NC: 2025:KHC:20821 CRL.P No. 7645 of 2025 HC-KAR for the aforesaid offences against petitioners herein, based on the first information dated 10.01.2025 received from Syeda Firdous, who is the wife of petitioner No.1. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.65/2025 before the Jurisdictional Sessions Court which was rejected on 31.01.2025. Therefore, petitioners are before this Court. 4. Perusal of the material on record would go to show that marriage of the first informant with petitioner No.1 was performed on 05.11.2023 and it is alleged that at the time of marriage, her parents had given dowry in the form of Jewellery and cash to petitioner No.1 and they had also spent an amount of Rs.10.00 lakhs for the purpose of marriage. She has further alleged that for a period of five to six months, she was properly looked after in her matrimonial house and thereafter, the accused persons started ill-treating and torturing her and asked her to bring additional dowry. However, she has not narrated any specific instances of ill-treatment or torture - 6 - NC: 2025:KHC:20821 CRL.P No. 7645 of 2025 HC-KAR meted out by the accused persons. General and omnibus allegation is made against 12 accused persons and even the relatives of her husband have been implicated as accused in the present case by making general allegations. 5. In the first information, it is further alleged that on 23.12.2024, she was taken to her matrimonial house and her in-laws had handed over to her certain articles including gold jewellery and other valuables. She has stated that all the articles belonging to her had not been returned to her by her in-laws. From the aforesaid statement, it appears that the first informant had deserted her husband much prior to she approaching the police on 10.01.2025 and her grievance arose only after the articles belonging to her were partially handed over to her by in-laws on 23.12.2024. 6. Undisputedly, petitioners herein do not have criminal antecedents. The alleged offences are triable by the Court of the Magistrate. Petitioners have undertaken - 7 - NC: 2025:KHC:20821 CRL.P No. 7645 of 2025 HC-KAR to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following:
Decision
ORDER The Criminal 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 registered by Ramanagara Women Police Station, Ramanagara District, for offences punishable under Sections 85, 115(2), 352, 351(2),75 and 133 of BNS 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, 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/- (Rupees One Lakh only) each - 8 - NC: 2025:KHC:20821 CRL.P No. 7645 of 2025 HC-KAR with two sureties for the likesum to the satisfaction of the investigating officer; 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 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 KVR List No.: 2 Sl No.: 5