- 1 - NC: 2025:KHC:5628 CRL.P No. 361 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 361 OF 2025 BETWEEN: HUSSAINAR S/O P K UMMAR AGED ABOUT 45 UEARS RA/T NO 14/29, TALIPADU HOUSE B MOODA VILLAGE, BANTWAL TALUK D K DISTRICT 574211. …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BANTWAL TOWN POLICE STATION D K DISTRICT, REP BY SPP HIGH COURT BUILDING BANGALORE 560001. 2. SHAHUL HAMID S/O BAWA BYARI AGED ABOUT 52 YEARS R/AT PARLIYA, MADDA HOUSE BATWAL TALUK D K DISTRICT - 574 211. …RESPONDENTS (BY SRI. RANGASWAMY R., ADVOCATE FOR R1; SRI. ABDUL ANSAR., ADVOCATE FOR SRI. ABDUL MASID KHAN, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE HIM ON BAIL IN CRIME NO.187/2024 OF BANTWAL TOWN POLICE STATION, D.K., DISTRICT FOR THE OFFENCE P/U/S 61, 189(2), 191(2), 191(3), 329(4), 115(2), 118(1), 74, 352, 351(2),109,324(4),309(4),310(2) R/W SEC.190 OF BNS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5628 CRL.P No. 361 of 2025 AND SEC.12 OF POCSO ACT PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC I (POCSO) D.K., MANGALURU.THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC I MANGALURU HAS REJECTED THE BAIL PETITION ON 04.01.2025 IN CRIME NO.187/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.1 in Crime No.187/2024 of Bantwal Police Station, Dakshina Kannada has preferred this petition under section 483 of BNSS praying to enlarge him on bail. 2. Heard both sides and perused material on record. 3. Complaint is lodged by one Shahul Hameed, son of Bava Beary, alleging that on 11.12.2024 at about 1.30am, when he and his family members were asleep, accused persons, in all fifteen, forming an unlawful assembly armed with deadly weapons, came in different vehicles and trespassed into his house with an intention to commit murder. They abused the complainant and his family members in filthy language, assaulted them with - 3 - NC: 2025:KHC:5628 CRL.P No. 361 of 2025 sword, rod etc., and also pushed the complainant's daughter, who was eight months pregnant, causing grievous injuries to her abdomen. They inappropriately touched his minor daughter who was asleep, hit her face, snatched two sovereigns of gold chain from her neck and robbed Rs.30,000/- kept on the table and damaged the household articles etc. 4. Case is registered against ten named accused for offences punishable under sections 61, 189(2), 191(2), 191(3), 329(4), 115(2), 118(1), 74, 352, 351(2), 109, 324(4), 309(4), 310(2), 190 of BNS, 2023 and Section 12 of the Protection of Children from Sexual Offences Act, 2012 [for short, 'POCSO Act']. 5. Learned counsel for the petitioner has vehemently contended that Police have not followed the procedure while arresting the accused. They have not furnished the grounds of arrest, which is contrary to the judgment of Hon'ble Apex Court in Prabhir Purkayastha vs. State of Delhi reported in [2024]8 SCC 254. He further - 4 - NC: 2025:KHC:5628 CRL.P No. 361 of 2025 contended that entire allegations against the petitioner are false and he has been falsely implicated in the case. Police during investigation have come to know that there were no dangerous weapons like Talwar or rod used in the commission of offence. He has further contended that there is a counter case registered against the complainant in the present case and three others, wherein four persons have sustained injuries including the complainant, which has been suppressed by the complainant while lodging the complaint. It is submitted that petitioner is ready and willing to abide by any conditions. Accordingly, he has sought to allow the petition. 6. Per contra, learned counsel appearing for the de facto complainant has contended that the accused/petitioner, along with other accused, have trespassed into complainant's house holding deadly weapons and with an intention to commit murder, they have assaulted the complainant and his family members. - 5 - NC: 2025:KHC:5628 CRL.P No. 361 of 2025 7. Learned High Court Government Pleader has contended that in the complaint, it is clearly stated that accused were armed with rod and talwar. The complainant and others have sustained grievous injuries and therefore, there is prima facie case against the petitioner. He contended that petitioner is a rowdy element involved in several cases and therefore, if he is released on bail, he may once again involve in committing similar offences and threaten the prosecution witnesses. 8. The first ground raised by the learned counsel is that, procedure contemplated in law was not followed while arresting the accused. It is contended that the grounds of arrest were not furnished to the petitioner though he was served with a notice and arrest memo. Learned High Court Government Pleader has contended that the grounds of arrest were communicated orally to the petitioner. However, in the judgment relied upon by the learned counsel for petitioner (supra), at Paragraph- 19, the Hon'ble Apex Court has observed that the accused - 6 - NC: 2025:KHC:5628 CRL.P No. 361 of 2025 has a fundamental and statutory right to be informed about the grounds of arrest in writing and copy of such written grounds of arrest have to be furnished to an arrested person, as a matter of course and without exception, at the earliest. 9. Though in the First Information Report, it is alleged that the accused were armed with Talwar and rod, in the remand application, it is stated that the accused have assaulted with repiece patti, helmet and hands. The learned counsel for the petitioner has contended that except one case, which is falsely registered against the petitioner, in all other cases, he has been acquitted by the trial Court, which is not disputed. 10. I have perused the First Information Report in Crime No.188/2024 registered at Bantwal Town Police Station on a complaint lodged by one Mohammed Irfan against four accused persons, wherein the complainant in the present case is arraigned as accused No.1. In the said - 7 - NC: 2025:KHC:5628 CRL.P No. 361 of 2025 case, four persons including the petitioner herein, are alleged to have sustained injuries. 11. Considering the above facts and circumstances, petitioner can be released on bail by imposing conditions. Hence, the following:- ORDER Petition is allowed. Petitioner/accused No.1 in Crime No.187/2024 of Buntwal Town Police Station, Dakshina Kannada, pending on the file of the Court of Additional District and Sessions Judge, FTSC-1, Mangaluru, shall be enlarged on bail, subject to following conditions: 1. He 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. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. - 8 - NC: 2025:KHC:5628 CRL.P No. 361 of 2025 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE NV List No.: 1 Sl No.: 12