Mrs Tabassum Vs State by

MRS. TABASSUM W/O. LATE ILYAZ AHMED, AGED ABOUT 33 YEARS, R/O TAMIL COLONY, AZAD NAGARA, CHIKKAMAGALURU, KARNATAKA-577101. NOW RESIDING AT NO.10, RAILWAY PARALLEL ROAD, SHAMPURA, R.T.NAGARA, BENGALURU-560 032.

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…PETITIONER

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(BY SRI. SAMEER S. N., ADVOCATE)

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AND:

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Digitally signed by KHAJAAMEEN MALAGHAN Location: HIGH COURT OF KARNATAKA

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STATE BY BHARTINAGAR POLICE STATION, BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001.

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MOHAMMED TABARAK, S/O. ULFATMIYA, AGED ABOUT 50 YEARS, R/O NO.2L, NO.10^TH STREET, OPH CROSS ROAD, SHIVAJINAGAR, BENGALURU-560 001.

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…RESPONDENTS

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NC: 2025:KHC:22714 CRL.P No. 7653 of 2025

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HC-KAR

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (1) (b) OF CR.P.C. (FILED UNDER SECTION 483 (1) (b) OF BNSS), PRAYING TO EXTEND TIME GRANTED BY MODIFYING THE CONDITION IN PARA NO.6 OF FINAL BAIL ORDER IN CRL.P.NO.3903/2023 DATED 24.01.2024 AND GRANT 2 DAYS TIME TO APPEAR BEFORE HON’BLE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, FTSC-IV, BENGALURU IN SPL.C.C.NO.66/2024 AND FURNISH SURETY AND EXECUTE PERSONAL BOND.

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

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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This Court in Criminal Petition No.3903/2023 vide order dated 24.01.2024, while disposing of the said petition seeking anticipatory bail, directed the petitioners to appear before the jurisdictional Court and file application for regular bail and further, ordered that if such an application was filed within 15 days, they shall be

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NC: 2025:KHC:22714 CRL.P No. 7653 of 2025

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HC-KAR

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released on bail on the same day, on such conditions which may be necessary in the facts and circumstances of the case. Inspite of passing such an order on 24.01.2024, the petitioners were least concerned to appear before the jurisdictional Court as ordered therein.

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The present petition is filed seeking to extend the time granted and to modify the said condition imposed by this Court in the above noted petition.

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Crime is registered for the offence punishable under Section 366 of IPC and Section 8 of the POCSO Act, 2012 and Section 9 and 11 of the Child Marriage Act.

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Consideration of the petition on merits would not arise, as the Trial Court has issued NBW to the petitioners due to their non-appearance and this Court has already granted certain relief to the petitioners. This Court showing some indulgence, disposed of the previous petition, permitting the petitioners to file an application as noted above and also directed the Trial Court to release the petitioners, however, the petitioners have not adhered to the said direction, but filed this application seeking

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NC: 2025:KHC:22714 CRL.P No. 7653 of 2025

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HC-KAR

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extension of time after more than one and half years. Hence, I am not inclined to consider the prayer of the petitioners. The submission of the learned counsel that, there was miscommunication etc., cannot be accepted.

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It is submitted by learned counsel for the petitioner that, the case against the petitioners has been split up and numbered as Special C.C.No.66/2024 and the same is pending before the Additional City Civil and Sessions Judge, FTSC-IV, Bengaluru.

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If the petitioners appear before the concerned Court and seek for regular bail, the same shall be considered and disposed of at the earliest and not later than one week from the date of application.

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With the above observation, petition is

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dismissed.

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Sd/(MOHAMMAD NAWAZ) JUDGE

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KJJ

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List No.: 1 Sl No.: 2 CT:JLR

Mrs Tabassum v. State by

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Mrs Tabassum v. State by

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