[Cites 7, Cited by 0]
Karnataka High Court
Husna Begum vs State By Gulpet Police Station on 21 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
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)
-2-
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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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
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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
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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
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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.
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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
