Karnataka High Court
CRL.P/7755/2014 of JUMRA FATHIMA Vs STATE BY KALASIPALYA POLICE STATION, on 30 December 2014
HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF DECEMBER 2014 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION No.7755/2014 BETWEEN: Jumra Fathima D/o Shakeel Ahmed W/o Mohammed Shoaib Age 21 years R/at Gandhi Nagar, Sunnada Bedi, Opp. Police Qtr, Virazpet,
IN THB HIGH COURT OF KARNATAKA AT BENGALURU
DATEKED THIS THE [th]DAY OF DECEMBER 2014
BEFORE|
THE HON’BLE MRS. JUSTICE RATHNAKALA
CRIMINAL PETITION No.77595/201
BHITWER°
Jumra FathimaD/o Shakeel AhmedW/o Mohammed ShoaibAge 21 years_R/at Gandhi Nagar,|sunnada Bedi, Opp. Police Qtr, Virazpet, Madikeri-5/71201.(By Sri.Tahir, Adv.) —ANI°state by Kalasipalya police stationBangalore.Rep. by SPP, High Court of KarnatakaBangalore.— RBSPONDBENT
_ PRTITIONBR
(By Sri.B.Vishweshwarappa, HCGP)
This Crl.P. is filed under Section 438 of Cr.P.C.
praying to release the petitioner on bail in the event of his arrest in Cr.No.304/14 of Kalasipalya P.S.,|Bangalore, for the offences p/u/S.380 of IPC.
This Crl.P. coming on for orders this day, theCourt made the following:-
ORDER
This petition is filed under Section 438 of Cr.P.C.by the petitioner who is an accused in Cr.No.304/14 foran offence punishable under Section 380 of IPC.
2. The complainant is none other than thebrother-in-law of the father of the petitioner. She isalleged to have committed theft of valuables in thehouse of the complainant on 26.07.14. This fact cameto light when the petitioner confided her indulgence inthe theit before the Kalasipalya police on 27.07.14. Inpursuance of the same, the complainant lodged thecomplaint on 13.09.2014.
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3. Learned counsel for the petitioner, submits thatthere is long delay of two months in lodging the complaint. More over, it is a false complaint todiscourage her from marrying a boy of her choice. Now the police have recovered the entire stolen articles. —Hence, further custodial interrogation of this petitioneris not warranted. She is now married and working as ateacher in Mandya district. In the event of her arrest,her reputation in the society will be maligned.
4. Learned HCGP opposed the bail petition.
Oo. Without making any comment on the merits ofthe case, what draws my attention is all the stolenarticles are recovered. The link between the petitioner tothe alleged offence is not found from records. Theoffence is triable by the Magistrate Court. The|apprehension of the petitioner that she will be arrestedis well founded. In the circumstances, there is noimpediment to grant anticipatory bail with conditions.
6. Accordingly, the petition is allowed. Thepetitioner is granted anticipatory bail for a period of four months in Cr.No.304/14 registered by the Kalasipalyapolice. In the event of her arrest in the above period,She shall be enlarged on bail on her executing a selfbond for a sum of Rs.950,000/- with one surety for thelikesum to the satisfaction of the arresting police officer. ©
Srl.
Sd/-
JUDGE.
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