1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07TH DAY OF NOVEMBER, 2017
BEFORE
THE HON’BLE Mr.JUSTICE BUDIHAL R.B.
Criminal Petition No.7465/2017
C/W
Criminal Petition No.7466/2017
IN CRIMINAL PETITION NO.7465/2017
BETWEEN
1. SMT YASMEEN TAJ @ YASMEEN
W/O SHAFI AHAMMED KHAN
AGED ABOUT 35 YEARS
R/AT #4/295, BEEDI COLONY
GALIPURA EXTENTION, CHAMARAJANAGARA TOWN
CHAMARAJANAGARA 571 313.
2. SMT. PARVIN TAJ
W/O MUJAHEED
AGED ABOUT 36 YEARS
R/AT GURUPURA VILLAGE AND POST,
HANAGOODU HOBLI, HUNASUR TALUK,
MYSORE DISTRICT-571 105.
3. SMT. ALMAAS
W/O AASIF AHAMMED
AGED ABOUT 32 YEARS
R/AT NO.2549/C, 23RD CROSS,
YARKATTE STREET, LASHKAR MOHALLAH,
MYSORE CITY 570 001.
2
4. SMT. SHAHATAAJ
W/O KALEEM KHAN
AGED ABOUT 24 YEARS
R/AT NO.278, 1ST STAGE, 6TH CROSS,
KESARE MYSORE CITY 570 007.
… PETITIONERS
(BY SRI MOHAMMED FARUKE, ADVOCATE
FOR SRI M.S.MUKARRAM, ADVOCATE)
AND
STATE OF KARNATAKA
BY TOWN POLICE STATION
CHAMARAJANAGARA.
REPRESENTED BY STATE PP.
HIGH COURT OF KARNATAKA AT BANGALORE-01.
… RESPONDENT
(BY SRI K.NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S.438 CR.P.C BY THE
ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS
HON’BLE COURT MAY BE PLEASED TO ENLARGE THE
PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN
CRIME NO.225/2017 OF CHAMARAJANAGAR TOWN POLICE
STATION, CHAMARAJANAGAR, WHICH IS REGISTERED FOR
THE OFFENCE P/U/S 498(A),302,201 R/W 149 OF IPC.
IN CRIMINAL PETITION NO.7466/2017
BETWEEN
MR JAHEED @ ABDUL ZAHID
S/O ABDUL WAHEED
AGED ABOUT 32 YEARS
R/AT BEEDI COLONY, NEAR TIPPU MASJID,
3
GALIPURA EXTENTION,
CHAMARAJANAGARA TOWN
CHAMARAJANAGARA 571 313.
… PETITIONER
(BY SRI MOHAMMED FARUKE, ADVOCATE FOR
SRI M S MUKARRAM, ADVOCATE)
AND
STATE OF KARNATAKA
BY TOWN POLICE STATION,
CHAMARAJANAGARA.
REPRESENTED BY STATE PP.
HIGH COURT OF KARNATAKA
AT BANGALORE-01.
… RESPONDENT
(BY SRI K.NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S.438 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HON’BLE COURT MAY BE PLEASED TO ENLARGE THE
PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN
CRIME NO.225/2017 OF CHAMARAJANAGAR TOWN POLICE
STATION, CHAMARAJANAGAR, WHICH IS REGISTERED FOR
THE OFFENCE P/U/S 498(A),302,201 R/W 149 OF IPC.
THESE PETITIONS COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
4
ORDER
Since these two petitions are in respect of the
same Crime Number and as similar questions of law
and facts are involved in both the petitions, they are
taken up together and disposed of by this common
order in order to avoid repetition of discussion of
facts and law.
2. The first petition i.e., Crl.P.No.7465/2017 is
filed by petitioners accused Nos.7, 8, 9 and 10 and
the connected petition i.e., Crl.P.No.7466/2017 is
filed by accused No.3.
3. Both the petitions are filed under Section 438
of Cr.P.C. seeking direction to the respondent-Police
Station to release the petitioners on bail in the event
of arrest of the petitioners for the alleged offences
punishable under Sections 498A, 302, 201 read with
5
Section 149 of the IPC registered in respondent-
Police Station Crime No.225/2017.
4. Heard the arguments of the learned Counsel
appearing for the petitioners and so also the learned
High Court Government Pleader in respect of both
the petitions.
5. Learned Counsel for the petitioners made the
submission that the petitioners are residing
separately. They are not at all involved in
committing the alleged offences and even according
to the prosecution case, it is the husband of the
deceased who is accused No.1 gave ill-treatment and
harassment to his wife and he has caused her death.
Hence he submitted that the petitioners who were
residing separately, after hearing the news of death
of the deceased came to the said place. Hence it is
his contention that there is no material to show that
6
they also participated in committing the alleged
offences. Hence he submitted to allow both the
petitions and to grant anticipatory bail.
6. Per contra, the learned High Court
Government Pleader made the submission that the
alleged offence is under Section 302 of IPC apart
from Sections 498A and 201 of IPC. It is also his
contention that the matter is still under investigation
and even the Post mortem report is also awaited.
Hence at this stage, the petitioners are not entitled to
anticipatory bail.
7. I have perused the grounds urged in the bail
petition, FIR, complaint and other materials
produced by the petitioners in both the petitions. As
it is submitted by the learned High Court
Government Pleader that post mortem report
7
regarding cause of death is still awaited,
investigation is still going on and this is a petition
seeking anticipatory bail. In view of these factual
aspects placed on record, without expressing opinion
of the Court on the merits of the petitions, at this
stage, both the petitions are disposed of with liberty
to the petitioners that immediately after completing
the investigation and filing of the final report, they
can approach the concerned Court.
Sd/-
JUDGE
JT/-