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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF SEPTEMBER, 2019

BEFORE

THE HON'BLE MR. JUSTICE K.N.PHANEENDRA

CRIMINAL PETITION No. 5663 OF 2019

BETWEEN:

SMT. SHANAJ BEGUM

W/O. AZEES PASHA,

AGED ABOUT 37 YEARS,

HOUSE WIFE,

R/O. 22, 6TH MAIN, 7TH CROSS,

SHAMANNA GARDEN,

MYSORE ROAD,

BENGALURU CITY 560 026

... PETITIONER

(By Sri. B.SIDDESWARA, ADV.)

AND

THE STATE OF KARNATAKA

BY BYATARAYANAPURA POLICE STATION,

(REP BY THE SPP,

HIGH COURT PREMISES,

BENGALURU).

... RESPONDENT

(By Sri.ROHITH.B.J, HCGP)

THIS CRL.PETITION IS FILED U/S.438 CR.P.C PRAYING

TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER

ARREST IN CR.NO.181/2019 OF BYATARAYANAPURA P.S.,

BENGALURU CITY FOR THE OFFENCE P/U/S 341,302 R/W 34

OF IPC.

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THIS PETITION COMING ON FOR ORDERS, THIS

DAY, THE COURT PASSED THE FOLLOWING:

ORDER

Heard the learned counsel for the petitioner and

learned High Court Government Pleader for State.

Perused the records.

2. The petitioner is arraigned as accused No.3 in

Crime No.181/2019 for the offences under Section 341,

302 r/w 34 of IPC. Initially, a case was registered for

the above said offences, subsequently as the injured

succumbed to the injuries, the case has been converted

to offence under Section 302 of IPC and charge sheet

has been laid against the accused persons.

3. The allegations as per the charge sheet is that

the deceased Norulla, about three years ago, married

CW-4 Smt.Ayesha Bhanu. There was no compatibility

between the two. Though they were blessed with one

child, there was some differences between them. It

appears that the petitioner was advising the deceased

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and differences arose between the deceased, the

petitioner and said Ayeesha Bhanu. In this context, it is

alleged that on 15.05.2019 in the afternoon, the

accused No.3 was inside the house and accused Nos.1

and 2 have gone to the deceased stating that there was

quarrel between the accused No.3 and the deceased. In

this context, accused Nos.1 and 2 went to the deceased

and accused No.2 caught hold the deceased and

accused No.1 stabbed him with a knife which caused

severe injuries to the chest and stomach of the

deceased, later he succumbed to the said injuries.

4. Looking to the above said factual matrix of the

case, there is no specific allegations made against the

accused No.3 and she never participated in the crime

and she was not present at the time of the incident

when accused Nos.1 and 2 assaulted the deceased.

Under the above said circumstances, the petitioner has

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made out a ground for grant of bail for the above said

offences. Hence, the following:

ORDER

The petition is allowed. Consequently, the

petitioner shall be released on bail in the event of her

arrest in connection with Crime No.181/2019 of

Byatarayanapura Police station for the offence under

Sections 341, 302 r/w 34 of IPC, subject to the

following conditions:-

i)

The

petitioner

shall

surrender

herself

before the Investigating Officer within Ten

days from the date of receipt of a certified

copy of this order and she shall execute

personal bond for a sum of Rs. 1,00,000/-

with one surety for the like-sum to the

satisfaction of the concerned Investigating

officer.

ii)

The

petitioner

shall

not

indulge

in

tampering the prosecution witnesses.

iii)

The

petitioner

shall

not

leave

the

jurisdiction without prior permission, till

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the case registered against her is disposed

of.

iv)

The petitioner shall appear before the

jurisdictional Court on all the future

hearing dates unless exempted for any

genuine reason.

Sd/-

JUDGE

ln.