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Karnataka High Court
Smt Sarbanu Khatun vs State Of Karnataka on 11 March, 2026
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NC: 2026:KHC:14550
CRL.P No. 2317 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 2317 OF 2026 (439(Cr.PC)/
483(BNSS))
BETWEEN:
SMT SARBANU KHATUN
W/O S.K ALANGIR,
AGED ABOUT 25 YEARS,
RESIDING AT AND C/O:
YELLAREDDY PROPERTY SHED
HULIMANGALA PODU VILLAGE,
JIGANI HOBLI, ANEKAL TALUK,
BENGALURU DISTRICT.
Digitally
signed by PERMANENT RESIDENT OF
SREEDHARAN
BANGALORE NANDIGRAM, KALICHARANPUR,
SUSHMA
LAKSHMI P.O GARCHARABERIA,
Location: High
Court of NANDIGRAM P.S.,
Karnataka
PURBA MEDINIPUR DISTRICT,
JALPAI PART VII,
WEST BENGAL - 721 631. ... PETITIONER
(BY SRI. MOHAMMAD RASHEEF M., ADVOCATE)
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NC: 2026:KHC:14550
CRL.P No. 2317 of 2026
HC-KAR
AND:
STATE OF KARNATAKA BY
HEBBAGODI POLICE STATION
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE - 560 001. ... RESPONDENT
(BY SMT. ANITHA GIRISH N., HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 CR.PC
(FILED U/S 483 BNNS) PLEASED TO ENLARGE THE PETITIONER
ON REGULAR BAIL IN CRIME NO.23/2026 OF HEBBAGODI
POLICE STATION FOR THE OFFENCES P/U/S 152, 196, 197(1)
AND 353(1) OF THE BNS 2023 FILED BY IV ADDL.CIVIL JUDGE
AND JMFC ANEKAL.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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CRL.P No. 2317 of 2026
HC-KAR
ORAL ORDER
This petition is filed by the petitioner who is
arraigned as sole accused in Crime No.23/2026 filed by
the respondent-Police for the offence punishable under
Sections 152, 196, 197(1), 353(1) of Bharatiya Nyaya
Sanhita (BNS), 2023.
2. The case of the prosecution is that on
11.01.2026 at about 08.30 a.m., the complainant had
been to the Police Station to collect the confidential
information. It was around 01.00 p.m., the complainant
was browsing social media through the mobile phone, at
that time he saw a video, where it was found that huts
were being cleared and a person was capturing the video
of the said operation and they were shouting "Jai Bharat
Mata Ki Jai". Later, a woman was seen walking in the said
area. When she was asked to say "Jai Bharat Mata Ki Jai",
the woman shouted a slogan as "Jai Bangla". Then she
went little ahead and shouted slogan "Jai Bharat Mata Ki
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Jai". A case has been registered against an unknown
woman deliberately called "Jai Bangla" with an intention to
hurt the sentiments of Indians and also feelings of them
and also it undermines the national unity and sovereignty.
Based on the said information, the respondent-Police have
registered a case and the investigation is under progress.
The petitioner has been arrested on 12.01.2026 and she is
in judicial custody.
3. Heard Sri.Mohammad Rasheef M., learned
counsel for the petitioner and Smt.Anitha Girish N.,
learned High Court Government Pleader for respondent-
State.
4. It is the submission of learned counsel for the
petitioner is that the petitioner is the permanent resident
of West Bengal, however, she is working in Prestige Cass
Villa, situated at Hebbagodi as a housemaid. She had no
intention to hurt either feeling or sentiment of the Indians.
When she was provoked to say "Jai Bharat Mata Ki Jai", in
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order to avoid further conflict, she might have uttered
such slogan. The petitioner is a woman and aged about 25
years. She is having two children and she has to take care
of them. Therefore, she may be enlarged on bail by
imposing suitable conditions. Makings of submissions
learned counsel for the petitioner prays to allow the
petition.
5. Per Contra, the learned High Court Government
Pleader for the respondent - State vehemently submitted
that the slogan which she had made would certainly hurt
the feelings and sentiments of Indians. She, being an
Indian, shouted a slogan as "Jai Bangla", which is really
hurting the sentiments of Indians. Based on the footage
circulated in the social media, a case has been registered
against the petitioner and she has been arrested. Since
she is a permanent resident of West Bengal, there may be
chances of absconding from the case if she is released on
bail. Hence the bail application has to be rejected. Making
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such submission learned High Court Government Pleader
prays to dismiss the petition.
6. Heard the learned counsel for the respective
parties. Perused the averments of the complaint, which
indicates that the authority was clearing the sheds which
were constructed unauthorizedly in the government land.
The said process was being captured by one of the
persons. At that time, a person had instigated the
petitioner herein to shout a slogan as "Jai Bharat Mata Ki
Jai". However, she called "Jai Bangla" and thereafter,
again, she shouted the slogan as "Jai Bharat Mata Ki Jai"
thrice. Having considered the facts and circumstances of
the case and also the fact that she is having two minor
children and she has to take care of them, it is appropriate
to grant her bail by imposing suitable conditions that
would take care of the apprehension of the prosecution.
7. Hence, I proceed to pass the following:
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ORDER
i. This Criminal Petition is allowed.
ii. The petitioner is order to be enlarged on bail on
in Crime No.23/2026 of respondent-Police for the
offence punishable under Sections 152, 196,
197(1), 353(1) of Bharatiya Nyaya Sanhita,
2023 on executing a personal bond for a sum of
Rs.1,00,000/- (Rupees One Lakh Only) with one
local surety to the like sum of the satisfaction of
the Trial Court.
iii. The petitioner shall not commit any similar
offence till disposal of the present case.
iv. The petitioner shall appear before the trial Court
on all hearing dates.
v. The petitioner shall not tamper the prosecution
witnesses.
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In case, if the petitioner violates any of the bail
conditions as stated above, liberty is reserved to the
prosecution to file necessary application for cancellation of
bail.
Sd/-
(S RACHAIAH)
JUDGE
NR/-
List No.: 1 Sl No.: 38
