Smt Haseena Vs State of Karnataka

THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT PROTECTION OF ANTICIPATORY BAIL TO THE PETITIONERS IN THE EVENT OF THEIR ARREST PURSUANT TO THE COMPLAINT FILED BY THE DEFACTO COMPLAINANT IN CR.NO.32/2025 OF KUDUR P.S, PENDING ON THE FILE OF THE 1st ACJM (JR.DN) AND JMFC COURT, AT MAGADI, FOR THE OFFENCE P/U/S 75,352,118(1) R/W 3(5) OF BNS ACT AND FURTHER DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST.

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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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Accused Nos.1 to 3 in Crime No.32/2025 registered by Kudur Police Station, Ramanagara, for the offences punishable under Sections 75, 352, 118(1) and 3(5) of BNS, 2023, are before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.32/2025 was registered by Kudur Police Station, Ramanagara, for the aforesaid offences against the petitioners herein on the basis of the first information dated 27.01.2025 received from Smt. Sumaya Khanam. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.109/2025 before the jurisdictional Sessions Court

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NC: 2025:KHC:10308 CRL.P No. 2987 of 2025

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which was rejected on 13.02.2025. Therefore, they are before this Court.

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Learned counsel for the petitioners submits that there is a case and counter case in respect of the same incident. The maximum punishment for the alleged offences is imprisonment for a period of three years. Petitioners do not have any criminal antecedents. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the petition.

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A perusal of the material on record would go to show that there is a civil dispute between two parties and in respect of the alleged incident that had taken place on 27.01.2025, there is a case and counter case registered by the very same police station in Crime No.32/2025 and Crime No.35/2025. Petitioner No.1 herein is a lady aged about 60 years and petitioner Nos.2 and 3 are her sons. Undisputedly, they do not have any criminal antecedents. The maximum punishment for the alleged offences is imprisonment for a period of three years. Petitioners

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have undertaken to cooperate with the police for the purpose of investigation. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners for

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NC: 2025:KHC:10308 CRL.P No. 2987 of 2025

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grant of anticipatory bail needs 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 petitioners in the event of their arrest in Crime No.32/2025 registered by Kudur Police Station, Ramanagara, for the offences punishable under Sections 75, 352, 118(1) and 3(5) of BNS, 2023, subject to the following conditions:

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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 for the likesum to the satisfaction of the investigating officer.

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

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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.

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