Bibi Ayesha @ Ayesha Vs State by Karnataka

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1 - NC: 2025:KHC:10892 CRL.P No. 1128 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 1128 OF 2025

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BETWEEN:

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BIBI AYESHA @ AYESHA, W/O SALMAN KHAN, AGED ABOUT 26 YEARS, R/AT GANESHA NAGAR, 1ST CROSS, 18TH WARD, CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573 201.

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…PETITIONER

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(BY MS. RAKSHITHA D. SINGH, ADVOCATE FOR SRI. S. BALAKRISHNAN, ADVOCATE)

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AND:

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Digitally signed by CHAITHRA P Location: High Court of Karnataka

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STATE BY KARNATAKA, BHADRAVATHI OLD TOWN POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 001.

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…RESPONDENT

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(BY SRI. K. NAGESHWARAPPA, HCGP)

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THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ENLARGE HER ON BAIL IN CRIME NO.5/2023 AFTER INVESTIGATION CHARGE SHEET IS FILED AND NOW NUMBERED AS SC.NO.5030/2023 FOR THE OFFENSES P/U/S 302, 201 OF IPC ON THE FILE OF BHADRAVATHI OLD TOWN POLICE STATION, PENDING BEFORE HONBLE IV ADDL.

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NC: 2025:KHC:10892 CRL.P No. 1128 of 2025

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DISTRICT AND SESSIONS COURT, SHIVAMOGGA SITTING AT BHADRAVATHI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in S.C.No.5030/2023 pending before the Court of IV Additional District and Sessions Judge, Shivamogga sitting at Bhadravathi, arising out of Crime No.5/2023 registered by Bhadravathi old town Police Station, Shivamogga for offences punishable under Sections 302, 201 of IPC is before this Court under Section 483 of BNSS 2023 seeking regular bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.5/2023 was registered by Bhadravathi old town Police Station, Shivamogga, for offences punishable under Sections 302, 201 of IPC against the petitioner herein based on the first information dated 13.01.2023 received from CW1-Dr.Ganesh P.

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NC: 2025:KHC:10892 CRL.P No. 1128 of 2025

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During the course of investigation of the case, the petitioner herein was arrested on 14.01.2023 and subsequently, remanded to judicial custody. Bail application filed by the petitioner in S.C.No.5030/2023 was rejected by the Jurisdictional Court. Therefore, the petitioner had approached this Court in Crl.P.No.5732/2023, which was dismissed as withdrawn on 22.08.2023 with liberty to the petitioner to file a fresh petition before this Court after examination of material witnesses before the trial Court is completed. It is under these circumstances, the petitioner is before this Court in this successive bail application.

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Learned counsel for the petitioner submits that

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the petitioner is a married lady, aged about 26 years. She is in custody for the last more than 2 years 2 months. The material charge sheet witnesses have been examined before the trial Court as PW1 to PW4. Since, the prosecution has not kept the other witnesses present. Non-Bailable Warrant ('NBW' for short) has been issued as

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NC: 2025:KHC:10892 CRL.P No. 1128 of 2025

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against the other charge sheet witnesses. Accordingly, she prays to allow the petition.

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Per contra , learned High Court Government

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Pleader has opposed the petition and she submits that PW1 and PW2 have supported the case of the prosecution. Accordingly, prays to dismiss the petition.

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Perusal of the material would go to show that the case of the prosecution is based on circumstantial evidence. Petitioner, who is a married lady, aged about 26 years, is in custody for the last more than 2 years 2 months. Prosecution has examined CW1, CW2, CW6 and CW8 as PW1 to PW4 before the trial Court. PW1 and PW2 have supported the case of prosecution, while PW3 and PW4 have turned hostile to the case of the prosecution and they have been cross-examined by the Public Prosecutor. Prosecution has cited 57 charge sheet witnesses in the present case and till date only four witnesses have been examined.

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5 - NC: 2025:KHC:10892 CRL.P No. 1128 of 2025

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It is not in dispute that prosecution has not kept the other witnesses present before the trial Court. Therefore, there is no progress in the trial and it is brought to the notice of this Court that the trial Court has now issued NBW to the charge sheet witnesses. Therefore, the chances of the trial being completed and the case being disposed of on merits in the near soon is remote.

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Under the circumstances, I am of the opinion, the prayer made by the petitioner for grant of regular bail needs to be answered in affirmative considering the period of incarceration and also having regard to the proviso to Section 480 of BNSS 2023. Accordingly, following:

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ORDER

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i. The petitioner is allowed.

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ii. The petitioner is directed to be enlarged on bail

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in Crime.No.5/2023 of Bhadravathi old town Police Station, Shivamogga, registered for the offences punishable under

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NC: 2025:KHC:10892 CRL.P No. 1128 of 2025

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Sections 302, 201 of IPC, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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AT List No.: 1 Sl No.: 55 CT: BHK

Bibi Ayesha @ Ayesha v. State by Karnataka

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Bibi Ayesha @ Ayesha v. State by Karnataka

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