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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
