Karnataka High Court
Husna Begum vs State By Gulpet Police Station on 21 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2026:KHC:10761
CRL.P No. 14750 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 14750 OF 2025 (439(Cr.PC)
/ 483(BNSS))
BETWEEN:
1. HUSNA BEGUM
W/O MD IRFAN @ MOHAMMED IRFAN,
D/O NAWAZ BAIG,
AGED ABOUT 31 YEARS,
R/O. GANGAMMA GUDI ROAD,
HOSAKOTE TOWN,
BANGALORE DISTRICT -562114
ALSO R/AT SHAH NAWAZ ROAD,
SREENIVASAPURA TOWN AND TALUK-563135.
...PETITIONER
(BY SRI SADDAM R MULLA, ADVOCATE)
AND:
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH
1. STATE BY GULPET POLICE STATION
COURT OF
KARNATAKA REP BY STATE PUBLIC PROSECUTOR,
OFFICE AT,
HIGH COURT COMPLEX,
OPP VIDHANA SOUDHA,
BANGALORE 560001
...RESPONDENT
(BY SRI.MOHD. AYUB ALI, ADDL.SPP)
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NC: 2026:KHC:10761
CRL.P No. 14750 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
U/S 483 BNSS) PRAYING TO ENLARGE THE ABOVE PETITIONER
/ ACCUSED NO.4 ON REGULAR BAIL IN S.C.NO.201/2025
ARISING OUT OF CR.NO.63/2025 GULPET P.S. FOR THE
ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 61, 103,
115(2) READ WITH SECTION 3(5) OF BNS PENDING ON THE
FILE OF I ADDITIONAL DISTRICT AND SESSION JUDGE, KOLAR
WHEREIN THE PETITIONER IS ARRAYED AS ACCUSED NO.4.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused No.4 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in SC No.201/2025 arising out of Crime No.63/2025 of Gulpet Police Station registered for the offences punishable under Sections 61, 103 and 115(2) read with Section 3(5) of Bharatiya Nayay Sanhita, 2023 pending on the file of the learned I Additional District and Sessions Judge, Kolar.
2. Heard the learned counsel for petitioner and the learned Additional State Public Prosecutor for respondent/State.
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NC: 2026:KHC:10761 CRL.P No. 14750 of 2025 HC-KAR
3. The learned counsel for petitioner would contend that there is no serious overt act of assault is alleged against this petitioner. The serious overt act of assault with deadly weapon is alleged against accused Nos.1 to 3. As per statement of CW2/eyewitness recorded under Section 164 of Cr.PC, the petitioner and CW2 were locked in the room, and when they heard sound, came out, and saw accused Nos.1 to 3 assaulting the deceased with a deadly weapon, and the petitioner/accused No.4 tried to rescue the deceased, and at that time, she has sustained injury to her. The petitioner is in judicial custody since 23.05.2025, and as the charge sheet is filed, she is not required for further custodial interrogation. The petitioner is a woman having two children. With this, he prayed to allow the petition.
4. Per contra, the learned Additional State Public Prosecutor for respondent/State would contend that the petitioner has held the deceased at the time of incident -4- NC: 2026:KHC:10761 CRL.P No. 14750 of 2025 HC-KAR and facilitated the other accused to assault the deceased. The accused Nos.1 to 3 have assaulted the deceased with a deadly weapon and caused his death. The charge sheet material shows a prima facie case against the petitioner for the offences alleged against the petitioner. With this, he prayed to reject the petition.
5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record.
6. As per the charge sheet, the case of the prosecution is that the petitioner/accused No.4 was having an illicit relationship with the deceased. The petitioner/accused No.4 is the wife of accused No.1 and has two children. It is further alleged that accused No.1 insisted the deceased to discontinue the said illicit relationship with the petitioner/accused No.4. The deceased continued the illicit relationship with the petitioner/accused No.4. Therefore, accused Nos.1 to 3 -5- NC: 2026:KHC:10761 CRL.P No. 14750 of 2025 HC-KAR made a plan and secured the deceased to the house of CW2. In the house of CW2, accused Nos.1 to 3 have assaulted the deceased with deadly weapon and caused his death. It is alleged that this petitioner at the time of incident has held the deceased tightly and accused Nos.1 to 3 assaulted him with deadly weapon. CW2 is the sole eyewitness to the incident, and the incident is stated to have taken place in the house of CW2. CW2 in her statement recorded under Section 164 of Cr.PC has stated that she and petitioner/accused No.4 were put in a room at the time of the incident, and on hearing the sound, they came out and saw that accused Nos.1 to 3 were assaulting the deceased with a deadly weapon. At that time, the petitioner/accused No.4 tried to rescue the deceased, and in that process, she sustained injury to her, and the said statement of CW2 does not indicate any overt act of this petitioner holding the deceased at the time of incident. The petitioner is in judicial custody since 23.05.2025, and as the charge sheet is filed, she is not required for further -6- NC: 2026:KHC:10761 CRL.P No. 14750 of 2025 HC-KAR custodial interrogation. The petitioner is a woman and she is having two minor children.
7. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions In the result, the following:
ORDER.
i) The petition is allowed.
ii) The petitioner is granted bail in SC
No.201/2025 arising out of Crime No.63/2025, Gulpet Police Station registered for the offences punishable under Sections 61, 103 and 115(2) read with Section 3(5) of Bharatiya Nayay Sanhita, 2023 pending on the file of the learned I Additional District and Sessions Judge, Kolar subject to following conditions.
a) The petitioner shall execute a
personal bond for a sum of
Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court.-7-
NC: 2026:KHC:10761 CRL.P No. 14750 of 2025 HC-KAR
b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.
c) The petitioner shall attend the Trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 37