Bibijan Vs State by C S Pura Police

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS APPLICATION AND GRANT THE BAIL TO PETITIONER IN SC No.141/2025 (CRIME No.63/2025 OF C S PURA PLICE STATION) ON THE FILE OF PRL.DISTRICT AND SESSIONS JUDGE AT TUMAKURU FOR THE

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2 - NC: 2025:KHC:52286 CRL.P No. 15146 of 2025

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HC-KAR

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OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 351(2), 351(3), 352 R/W 3(5) 54, 238 OF BNS.

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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 SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No.4 under Section

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483 of BNSS praying to grant bail in S.C.No.141/2025 (Cr.No.63/2025 of Chandrashekarapura Police Station), registered for offences punishable under Sections 103(1), 351(2), 351(3), 352 read with 3(5), 54, 238 of BNS pending on the file of Principal District and Sessions Judge, Tumkuru.

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Heard learned counsel for petitioner and learned HCGP for respondent/State.

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Learned counsel for petitioner would contend that there is no overt act of assault is alleged against this petitioner/Accused No.4. The allegation of assault is against accused No.1 with a knife on the deceased and

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3 - NC: 2025:KHC:52286 CRL.P No. 15146 of 2025

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HC-KAR

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committing his murder. The allegation against this petitioner is giving knife to accused No.1 and instigating him to kill the deceased. The petitioner is in judicial custody since 27.05.2025 and as the charge sheet is filed, she is not required for further custodial interrogation. The petitioner is a woman and she is not having any criminal antecedents. With this he prayed to allow the petition.

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Per contra , learned HCGP would contend that even though FIR is registered against 4 accused persons, charge sheet has been filed only against accused No.1 and this petitioner/accused No.4 based on the further statement of the complainant. The charge sheet material show prima-facie case against this petitioner for the offences alleged against her. The petitioner has given knife to accused No.1 and instigated him to kill the deceased. With this she prayed to reject the petition.

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Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record.

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4 - NC: 2025:KHC:52286 CRL.P No. 15146 of 2025

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HC-KAR

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As per charge sheet there was dispute between accused No.1 and family of deceased and this petitioner is also having old enmity with the deceased. That on 23.05.2025 this petitioner/accused No.4 gave knife to accused No.1 and instigated him to kill the deceased. The accused No.1 took the said knife and assaulted the deceased with it on his stomach three times and caused his death. Considering the above aspects, the overt act alleged against this petitioner is giving knife to accused No.1 and instigated him to kill the deceased. There is no overt act of assault is alleged against this petitioner. The petitioner is a woman and she has no criminal antecedents. The petitioner is in judicial custody since 27.05.2025 and as the charge sheet is filed, she is not required for custodial interrogation.

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Considering the above aspects, the petitioner has made out case for grant of bail with conditions. In the result, the following:

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ORDER

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5 - NC: 2025:KHC:52286 CRL.P No. 15146 of 2025

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HC-KAR

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Petition is allowed. The petitioner is granted bail in S.C.No.141/2025 (Cr.No.63/2025 of Chandrashekarapura Police Station), pending on the file of Principal District and Sessions Judge, Tumkuru, subject to following conditions:

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(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like-sum to the satisfaction of the trial Court.

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(ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.

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(iii) The petitioner shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.

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Sd/-

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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DKB

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List No.: 1 Sl No.: 48

Bibijan v. State by C S Pura Police

Case brief

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Bibijan v. State by C S Pura Police

Case brief

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