Karnataka High Court
Smt Farzana Alias Farzana Taj vs State By Rmc Yard Police Station on 2 August, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:30617
CRL.P No. 6923 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 6923 OF 2024 (439)
BETWEEN:
SMT. FARZANA ALIAS FARJANA TAJ
W/O SYED BASHEER AHMED,
AGED ABOUT 48 YEARS,
R/AT GULF HOUSE,
OPP: KISHOR VIDYA BHAVAN,
ANJANI EXTENSION, CHINTAMANI,
CHIKKABALLAPUR - 563 125.
...PETITIONER
(BY SRI. NAIK VENKATRAMAN NAGAPPA.,ADVOCATE)
AND:
1. STATE BY RMC YARD POLICE STATION,
BENGALURU CITY,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. DR. MOIN MOHAMMED BHAVIKATTI,
AGED ABOUT 43 YEARS,
Digitally
signed by NO. NILL, VAISHNAVI NAKSHATRA APARTMENT,
CHETAN B C YASHAVANTAPURA, BENGALURU - 560 022.
...RESPONDENTS
Location:
HIGH COURT (BY SRI.CHANNAPPA EERAPPA.,HCGP FOR R1;
OF NOTICE TO R2-H/S V.C.O DATED 2/8/24)
KARNATAKA THIS CRL.P FILED U/S.439 CR.P.C PRAYING TO GRANT
REGULAR BAIL TO THE PETITIONER IN CR.NO.98/2024 REGISTERED
BY THE RESPONDENT NO.1 R.M.C YARD POLICE FOR THE OFFENCE
P/US/ 8 OF POCSO ACT 2012 PENDING BEFORE THE HON'BLE FTSC I
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU. THE
FTSC I ACC AND SJ, BENGALURU HAS DISMISSED THE BAIL
PETITION ON 04.07.2024 IN CRL.MISC.NO.5847/2024.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, ORDER WAS
MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
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NC: 2024:KHC:30617
CRL.P No. 6923 of 2024
ORAL ORDER
Accused in Crime No.98/2024 registered by the R.M.C. Yard Police Station, Bangalore City, for offences punishable under section 8 of the Protection of Children from Sexual Offences Act, 2012, is before this Court under Section 439 of Cr.P.C.
2. Heard the learned counsel for the parties.
3. F.I.R. in Crime No.98/2024 was registered by R.M.C. Yard Police Station, Bangalore City, against the petitioner herein for the aforesaid offences on the complaint of respondent No.2 herein.
4. During the course of investigation, petitioner was arrested on 20.06.2024 . The bail application filed by her before the jurisdictional Sessions Court in Crl.Misc.No.5847/2024 was rejected on 4.7.2024. Therefore, she is before this court.
5. Learned Counsel for the petitioner submits that the petitioner is a lady, aged about 48 years. There is a matrimonial dispute between respondent No.2 and his wife who is the step-daughter of the petitioner herein. It is only in this -3- NC: 2024:KHC:30617 CRL.P No. 6923 of 2024 background that a false complaint has been lodged by the respondent No.2. Accordingly, he prays to allow the petition.
6. Per contra, learned HCGP has opposed the bail petition.
7. FIR in Crime No.98/2024 was registered by R.M.C. Yard Police Station, Bangalore City, against the petitioner herein for the aforesaid offence alleging that petitioner who is the step-mother of first informant's wife was staying along with the first informant and his family members during December 2023 to 15th January 2024. It is alleged that when the petitioner was staying in the house of the first informant, she was allegedly locking the minor son of the first informant, aged about 8 years in a room and used to touch his private parts and squeeze his penis. It is alleged that she also threatened him with dire consequences if he informs about the act committed by her to anybody. It is further alleged that petitioner used to beat him very badly and the minor son had informed about the same subsequently to the first informant who in turn had informed his wife about the act committed by the petitioner. However, the first informant's wife did not take it very seriously. It is under these circumstances that after -4- NC: 2024:KHC:30617 CRL.P No. 6923 of 2024 approaching the Child Welfare Committee, the first informant had approached the police. Petitioner who is a lady aged about 48 years is in custody from 20.06.2024. The material on record goes shows that wife of the first informant has registered a case against him and his parents in Crime No.134/2024 before the R.T.Nagar Police Station, Bangalore, for offences punishable under sections 506, 34, 498-A, 504, 420, 323, 324 and 354 of the Indian Penal Code. The averments made in the first information in Crime No.134/2024 would go to show that the relationship between the first informant and his wife is strained and in Crime No.134/2024, the first informant and his parents are arrayed as accused Nos.1 to 3.
8. Having regard to the aforesaid aspects of the matter, the submission made by learned counsel for the petitioner that petitioner is wrongly framed in the present case by the respondent No.2 and the present case is registered only after FIR in Crime No.134/2024 was registered against the first informant and his parents cannot be brushed aside lightly. Be that as it may, fact remains that the petitioner who is a lady aged about 48 years is in custody from 20.06.2024. The maximum punishment for the alleged offence is imprisonment for a period of five years. Under these circumstances, I am of -5- NC: 2024:KHC:30617 CRL.P No. 6923 of 2024 the view that petitioner has made out a case for grant of regular bail. Accordingly, the following:
ORDER The petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No.98/2024 registered by the R.M.C. Yard Police Station, Bangalore City, for offences punishable under section 8 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions:
a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts her appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against her is disposed off.
e) The petitioner shall not involve in similar offences in future.
Sd/-
(S VISHWAJITH SHETTY) JUDGE CBC List No.: 1 Sl No.: 49