- 1 - NC: 2025:KHC-K:2358 CRL.P No. 200573 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200573 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHAIK AMAN S/O LATE SHAIK NAZEER, AGE:20 YEARS, OCC: COOLIE, R/O. UMAR NAGAR, MANGALWARPET, RAICHUR-584101. …PETITIONER (BY SRI SACHIN M. MAHAJAN, ADVOCATE) AND: THE STATE OF KARNATAKA, BY SADAR BAZAR POLICE STATION RAICHUR, REPRESENTED BY ADDL. SPP, HON’BLE HIGH COURT OF KARNATAKA, BENCH AT KALABURAGI-585103. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRL.P. IS FILED U/S 483 OF BNSS,2023 PRAYING TO, ALLOW THE PETITION AND ORDER FOR RELEASE OF THE PETITIONER ON BAIL IN SC NO.23/2025 ARISING OUT OF CRIME NO.95/2024 OF SADAR BAZAR POLICE STATION, RAICHUR FOR THE ALLEGED OFFENCE PUNISHALBE U/SEC 103(1), 324(2), 352, 118(1) OF BNS PENDING BEFORE THE II ADDL. DIST. AND SESSIONS COURT RAICHUR AND PASSED SUCH OTHER ORDER AS THIS HON’BLE DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:2358 CRL.P No. 200573 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) The petitioner herein is seeking for regular bail in S.C.No.23/2025 arising from Crime No.95/2024 of the Respondent-Police. 2. The ranks of the parties henceforth will be considered as per their rankings before the Trial Court, for convenience Factual matrix of the case: 3. It is the case of the prosecution that one Shaik Maheboob lodged a complaint before the respondent-Police stating that on 13.10.2024 at about 6.05 P.M., he along with his friend Sameer went to the Asian Tea Hotel, Teen Kandil Chowk, Raichur to have tea. By the time, the petitioner along with other friends were consuming tea. Accused No.1 after seeing the complainant and Sameer, started quarrelling with them, took his knife and damaged the auto of Sameer. When it was questioned by the complainant, the accused assaulted with knife on his right leg and thereafter, with the same knife, he - 3 - NC: 2025:KHC-K:2358 CRL.P No. 200573 of 2025 assaulted even Sameer on his left leg. Both the injured were shifted to hospital for treatment. However, Sameer who sustained injury had died in the said incident. 4. Based on the complaint, a case came to be registered against accused by the respondent-Police for the offence stated supra. Further, conducted investigation and submitted the charge-sheet. 5. Heard Sri. Sachin M Mahajan, learned counsel for the petitioner and Sri. Jamadar Shahabuddin, learned High Court Government Pleader for respondent. 6. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offences and the incident has taken place at spur of moment and he had no intention to commit murder of the deceased. Since, the incident has occurred due to sudden provocation, the ingredients of Section 103(1) of BNS, 2023 cannot be attracted. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. He will abide the said conditions. Making such - 4 - NC: 2025:KHC-K:2358 CRL.P No. 200573 of 2025 submissions, the learned counsel for the petitioner prays to allow the petition. 7. Per Contra, learned High Court Government Pleader, vehemently, argued the matter to reject the appeal on the ground that the petitioner had one more case when he was Juvenile. In that case also, he along with his friends committed murder of one person and the case was pending for consideration. 8. It is further submitted that the petitioner is an anti-social element and there may be chances of committing similar offences in future. In spite of having been involved in previous murder case, he has not changed his attitude towards the society. Therefore, the bail has to be rejected. Making such submissions, the learned High Court Government Pleader prays to reject the bail. 9. Having heard learned counsel for the respective parties, it appears from the record that the petitioner had involved in the murder of Maheboob, which was numbered as S.C.No.190/2022. At that time, when the said incident had - 5 - NC: 2025:KHC-K:2358 CRL.P No. 200573 of 2025 occurred the petitioner was minor. Though, the case has been ended in acquittal as against accused No.1, the fact remains that, the witness have turned hostile and not supported the case of the prosecution. Further, the said incident against the petitioner is stated to have committed the offences as stated supra. In the said incident, one person died and another person sustained grievous injury. Therefore, at this stage, in order to maintain the confidence in the mind of the witness, it is appropriate to reject the bail petition. Accordingly, the Criminal Petition stands rejected. Liberty is reserved to the petitioner to review the petition after examination of the eyewitness. Sd/- (S RACHAIAH) JUDGE RSP/NM List No.: 1 Sl No.: 32 CT:PK