IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7481/2019 BETWEEN:
1. Smt.Fathima W/o Abdul Kareem, Aged 39 years, 2. Smt.Jamsheena W/o Abdul Kareem, Aged 28 years, Both are residents of Yememadu Village and Post, Napoklu Naad, Madikeri Taluk, Kodagu District – 571205.
(By Sri.Akash B Shetty, Advocate for Smt.Sharmila, Advocate) AND:
State of Karnataka Represented by Station House Officer, Napoklu Police Station, …Petitioners Madikeri Police Station, Kodagu District – 571205.
…Respondent (By Sri.Honnappa, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioners on bail in the event of their arrest in Crime No.65/2019 of Napoklu Police Station, Kodagu for the offence punishable under Sections 307, 353, 504, 114 read with Section 34 of IPC and Sections 3 and 25 of Arms Act and etc.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioners and the learned HCGP for the respondent-State. Perused the records.
2. The brief facts of the case are that; accused No.1 – Abdul Kareem M M was an accused in some other case in connection with Crime No.64/2019 of Napoklu Police Station. The police pertaining to the said police station had been to the house of accused No.1 at Emmemadu Village, Napoklu Naad, Madikeri Taluk, Kodagu District but accused No.1 started abusing the police. Likewise, one of the wife started abusing the police and another wife has brought SBBL Rifle and handed over the same to accused No.1 and he, in fact, fired towards the police. The allegations made against these petitioners are that they assisted accused No.1 in handing over the Gun to him. Except that, there is no allegations or they made an attempt to kill the complainant and others and they prevented the police from discharging their duty etc., Under the above said circumstances, considering the material allegation and facts of the case that the petitioners are ladies, the petitioners are entitled to be enlarged on bail. Hence, the following;
ORDER The petition is allowed.
Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.65/2019 of Napoklu Police Station, Kodagu for the offence punishable under Sections 307, 353, 504 and 114 read with Section 34 of IPC and Sections 3 and 25 of ARMS Act, subject to the following conditions:-
i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and each of them shall execute personal bond for a sum of Rs.50,000/- (Fifty Thousand Rupees Only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer/Jurisdictional Court.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of the Investigating Officer without prior permission, till the final report is filed or for a period of three months whichever is earlier.
Sd/- JUDGE NBM