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Judgments of Supreme Court of India and High Courts

Smt Shahida Bi vs State Of Karnataka on 6 March, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6TH DAY OF MARCH 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No.8067 OF 2017

BETWEEN

1. Smt. Shahida Bi
W/o. Late Fazalulla Khan,
Aged about 62 years,
R/o. Behind Girls High School,
Kerebilachi, Channagiri Tq.
Davanagere District-577002.

2. Sri. Toufik Ahamed,
S/o. Late Fazalulla Khan,
Aged about 35 years,
R/o. Mansur Masjid Road,
Kerebilachi, Channagiri Tq.
Davanagere District-577002.

3. Smt. Muzasim Khanum,
W/o. Syed Sayeed
Aged about 33 years,
Teacher
R/o Riyazus Swalehim Masjid Road,
Kerebilachi, Channagiri Tq.
Davanagere District-577002.

4. Smt. Thabasum Khanam,
D/o. Late Fazaulla Khan
Aged about 38 years,
R/o. Behind Girls High School,
2

Kerebilachi, Channagiri Tq.
Davanagere District-577002.

5. Sri. Syed Sayeed,
S/o. Basha Sab,
Aged about 40 years,
Teacher,
R/o. Riyazus Swalehim Masjid Road,
Kerebilachi, Channagiri Tq.
Davanagere District-577002.

6. Smt. Konaine Taj,
W/o. Toufik Ahamed
Aged about 32 years,
R/o. Mansur Masjid Road,
Kerebilachi, Channagiri Tq.
Davanagere District-577002.
…Petitioners
(By Ms. Haleema Ameen, Advocate for
Sri. Vishwajith Shetty S., Advocate)

AND

State of Karnataka,
Santhebennur Police,
Represented by State Public Prosecutor,
High Court Buildings,
Bengaluru-560001.
…Respondent
(By Sri. K.Nageshwarappa, HCGP)

This Criminal Petition is filed under Section 438 of
Criminal Procedure Code praying to enlarge the petitioner
on bail in the event of their arrest in Cr.No.159/2017 of
Santhebennur Police Station, Davanagere District for the
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offence punishable under sections 143, 147, 498A, 506
read with 149 of IPC.

This Criminal Petition coming on for orders this day,
the court made the following:

ORDER

Accused 2 to 7 are the petitioners. Respondent-

police registered a complaint against these petitioners and

accused No.1 in Crime No. 159/2017 for the offences

under Sections 143, 147, 307, 498A, 506 read with

Section 149 of IPC.

2. Complaint was made by one Sheerin Taj stating

that about 13 years back her marriage with first accused

took place. The husband used to suspect her fidelity and

therefore the husband and these petitioners were

harassing her. On 27.8.2017 at 6.00 AM her husband

picked up a quarrel with the complainant and assaulted

her.

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3. Plain reading of the complaint shows that the

specific overt act is against the husband. These petitioners

involvement in the commission of offence is a matter to be

established before the court. At this stage, prima facie

materials are not forthcoming. Chances of false

implication cannot be ruled out. Therefore, the following

order:-

(a) Petition is allowed.

(b) It is hereby ordered that in the event of

these petitioners being arrested by the

respondent-police in connection with

Crime No. 159/2017, they shall be

released on bail after obtaining from

each of them a bond for Rs.50,000/- and

a surety for the likesum to the

satisfaction of the investigation officer..

(c) They are subjected to the following

conditions:-

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(i) They shall cooperate with the

police during investigation.

(ii) They shall not threaten the

witnesses.

(iii) They shall not destroy the

evidence.

Sd/-

JUDGE

ckl

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