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2024 Supreme(Online)(Kar) 42636

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2024 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7668 OF 2024 BETWEEN:

INDRA RAJWAR D/O KRISHAN SINGH AGED ABOUT 29 YEARS RA/T NO. B-2/2, CHANDRAKALA HEIGHTS, PUNE SOLAPUR ROAD MAHARASHTRA - 411 013 CURRENTLUY RESIDING AT NO. 002, HARMONY PEARL APARTMENT, 2ND CROSS HUTCHINS ROAD ST. THOMAS TOWN BANGALORE - 560 084.

…PETITIONER (BY SRI ISMAIL ZABIULLA KHAJI, ADV.)

AND:

Digitally THE STATE OF KARNATAKA signed by REP BY BIAL POLICE STAWTION NANDINI MS Location:

REPRESENTED BY PUBLIC PROSECUTOR High Court of OF HIGH COURT OF KARNATAKA Karnataka BENGALURU - 560 001.

…RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP)

THIS CRL.P IS FILED U/S 438 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST BY THE RESPONDENT POLICE (BIAL POLICE STATION) IN CR.NO.40/2024 U/S 505(1)(B) OF IPC, WHICH IS PENDING ON THE FILE OF CJ AND JMFC AT DEVANAHALLI.

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

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused in Crime No.40/2024 registered by BIAL Police Station, Bengaluru City, for the offence punishable under Section 505(1)(B) of IPC, is before this Court under Section

438 Cr.PC.

2. Heard the learned Counsel for the parties.

3. FIR in Crime No.40/2024 was registered against the petitioner herein for the aforesaid offences on the basis of the first information received from Karan Menon, Terminal Manager, Terminal Experience & Operations of Bengaluru International Airport on 26.06.2024. Apprehending arrest in the said case, petitioner had filed Crl. Misc. No.15252/2024 before the jurisdictional Sessions Court, which was rejected on

29.07.2024. Therefore, she is before this Court.

4. Learned Counsel for the petitioner submits that the petitioner is a Dental Doctor by profession. The alleged offence is a non-cognizable offence. The maximum punishment for the said offence is imprisonment for a period of three years.

Petitioner is ready and willing to cooperate with the police for investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition.

6. The material on record would go to show that the petitioner and one Mir Raza Mehdi were in relationship and they came to Bengaluru and had stayed in a hotel for several days. It appears that Mir Raza Mehdi who had earlier promised to marry the petitioner, had subsequently refused to marry her and on the date of incident, they were supposed to travel separately in two different flights to Mumbai. Petitioner allegedly had called Help Desk of BIAL from her mobile phone bearing No.9686958365 and had informed the staff of Help Desk that a person by name Mir Raza Mehdi was traveling carrying explosive substance in his bag, and after verification, the Airport authorities found that the call was non-specific, and therefore, they decided to lodge a police complaint.

7. Petitioner is a lady aged about 29 years and she is said to be a dental doctor by profession. The alleged offence is a non- cognizable offence and the maximum punishment for the said offence is imprisonment for a period of three years. Petitioner has undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order:

8. Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of her arrest Crime No.40/2024 registered by BIAL Police Station, Bengaluru City, for the offence punishable under Section 505(1)(B) of IPC, subject to the following conditions:

1. Petitioner 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/- with two sureties for the likesum to the satisfaction of the investigating officer.

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

3. Petitioner shall not tamper with the prosecution witness and she shall co-operate with the police for investigation and appear before them whenever called upon.

4. Petitioner shall not involve in similar offences in future.

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