Allowed

Naseema v. the State of Karnataka

Karnataka HC10 Sept 2024CRL.P/201043/2024

Case brief

AI extract

What is this about?

Single judge allowed an application for anticipatory bail under Section 438 Cr.P.C. and Section 482 BNSS for a lady accused in a case involving murder and affray, granting bail subject to personal bond and standard conditions.

What did the court decide?

Petitioner released on personal bond with two sureties for Rs. 1,00,000/- each, to appear before Investigating Officer within 15 days and regularly before Trial Court.

Naseema Vs the State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2024)

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NC: 2024:KHC-K:6828 CRL.P No. 201043 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 10^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 201043 OF 2024

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BETWEEN:

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NASEEMA W/O MAHAMMADRAFEEK KAKKALAMELI AGE. 48 YEARS OCC: HOUSEHOLD WORK RESIDENCE OF HUSSAIN COLONY, NEAR SHANTI NAGAR, VIJAYAPURA, DISTRICT VIJAYAPURA - 586 101.

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…PETITIONER

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(BY SRI SANJAY A PATIL, ADV.)

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AND:

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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THE STATE OF KARNATAKA THROUGH, GOLGUMBAZ POLICE STATION, GOLGUMBAZ CIRCLE DISTRICT VIJAYAPURA REPRESENTED BY ADDL. SPP HIGH COURT OF KARNATAKA KALABURAGI BENCH - 585 107.

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…RESPONDENT

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(BY SMT. ANITHA M REDDY, HCGP)

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THIS CRL.P IS FILED U/S. 438 OF CR.P.C (OLD) AND U/SEC 482 OF BNSS (NEW), PRAYING TO, ALLOW THE PETITION THERE BY DIRECTING THE RESPONDENT POLICE/GOLGUMBAZ POLICE STATION, DIST VIJAYAPURA TO ENLARGE THE PETITIONER/ACCUSED NO. 17 ON BAIL IN THE EVENT OF HER ARREST IN CONNECTION WITH CRIME NO. 43/2024 REGISTERED FOR THE OFFENCES PUNISHABLE U/SEC 143, 147, 148, 109, 114, 307, 302, AND 504 R/W 149 OF IPC AS PER CHARGE SHEET (PENDING ON THE FILE OF PRL CIVIL JUDGE (SR.DN) AND CJM COURT VIJAYAPURA) IN THE INTEREST OF JUSTICE.

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NC: 2024:KHC-K:6828 CRL.P No. 201043 of 2024

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

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Accused No.17 in Crime No.43/2024 registered by Golgumbaz Police Station, Vijayapur, for the offences punishable under Sections 143, 147, 148, 109, 114, 307, 302, 504 read with Section 149 of IPC, is before this Court under Section 438 of Cr.P.C.

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Heard the learned counsel for the parties.

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FIR in Crime No.43/2024 was registered by Golgumbaz Police Station, Vijayapur, for the aforesaid offences against 18 persons on the basis of the first information dated 11.04.2024 received from Anwar Babusab Jamadar, who is the father of deceased Bandenawaz. Petitioner is arraigned as accused No.17 in the FIR. Apprehending her arrest, she had filed Crl.Misc.No.1183/2024 before the jurisdictional Sessions Court, which was rejected on 02.08.2024. Therefore, she is before this Court.

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NC: 2024:KHC-K:6828 CRL.P No. 201043 of 2024

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Learned counsel for the petitioner submits that petitioner is the wife of accused No.18 and only allegation against her is that she had instigated other accused persons to assault Bandenawaz. He submits that petitioner has no criminal antecedents and only for the reason that she is the wife of accused No.18, she has been arraigned as an accused in the present case. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the petition.

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The material on record would go to show that the first informant's son Bandenawaz was a friend of deceased Haider. It is in this background, accused persons had vengeance against Bandenawaz. About five months prior to the date of incident, relatives of Haider had attacked the accused persons. On 11.04.2024 at 08.00 p.m., when Bandenawaz and his brother Farooq were near Uncle's Corner Shop, the accused persons who came there abused and assaulted him. When his brother Farooq tried to interfere, accused persons allegedly threatened him. The allegation of assaulting Bandenawaz is as against accused Nos.1, 2, 6, 10 and 11. All the other accused persons present at the spot allegedly had instigated the

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4 - NC: 2024:KHC-K:6828 CRL.P No. 201043 of 2024

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aforesaid accused to assault Bandenawza and to commit his murder. Petitioner is a lady aged about 48 years and she has no criminal antecedents. Considering the allegations found as against her in the charge sheet, I am of the opinion that her prayer for grant of anticipatory bail requires to be answered affirmatively. Accordingly, the following order:-

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The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of her arrest in Crime No.43/2024 registered by Golgumbaz Police Station, Vijayapur, for the offences punishable under Sections 143, 147, 148, 109, 114, 307, 302, 504 read with Section 149 of IPC, subject to the following conditions:

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The Petitioner 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/- with two sureties for the likesum to the satisfaction of the investigating officer.

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NC: 2024:KHC-K:6828 CRL.P No. 201043 of 2024

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Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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Petitioner shall not tamper with the prosecution witness and she shall co-operate with the police for investigation and appear before them whenever called upon.

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The petitioner shall not involve in similar offences in future;

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Sd/-

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(S VISHWAJITH SHETTY)

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JUDGE

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Naseema v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Naseema v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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