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2025 DAILYLAW 14311 (KAR)

SHAHUL HAMEED v. THE STATE

CRL.P/675/2025 · 2025-02-07

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:5626 CRL.P No. 675 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. 675 OF 2025 BETWEEN: SHAHUL HAMEED S/O BAVA BYARI, AGED ABOUT 52 YEARS, R/A D NO. 14/48, MADDA HOUSE, B MOODA, JODUMARGA, BANTWALA TALUK D K 574219. …PETITIONER (BY SRI. ABDUL ANSAR P.,ADVOCATE) AND: THE STATE OF KARNATAKA BANTWAL TOWN PS , DAKSHINA KANNADA DISTRICT REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU -01. …RESPONDENT (BY SRI.RANGASWAMY R., HCGP FOR R1; SRI. LETHIEF B, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN FIR REGISTERED BY BANTWALA TOWN POLICE IN Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5626 CRL.P No. 675 of 2025 CR.NO.188/2024 FOR THE OFFENCE P/U/S 324(4),352,351(2),118(1),109,309(4),3(5) OF BNS 2023 PENDING ON THE FILE OF HONBLE COURT OF ADDL.CIVIL JUDGE (JR) AND J.M.F.C AT BANTWALA D.K; THE III ADDL.DISTRICT AND SESSIONS JUDGE D.K MANGALURU HAS DISMISSED THE BAIL PETITION ON 10.01.2025 IN CRL.MISC.NO.1133/2024. 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 has preferred this petition under section 483 of BNSS 2023 praying to enlarge him on bail in Crime No.188/2024 of Bantwal Town Police Station, Dakshina Kannada, registered for offences punishable under sections 324(4), 352, 351(2), 118(1), 109, 309(4), 3(5) of the BNS 2023. 2. Heard both sides and perused the material on record. - 3 - NC: 2025:KHC:5626 CRL.P No. 675 of 2025 3. Informant by name Mohammad Irfan has alleged that on 11.12.2024 at about 1am, in settling an issue with regard to payment of rents, he along with Hossainar and Mohammad Rafiq and Mohammad Almas went to the house of petitioner/accused No.1 and after panchayath, when they were returning, the accused persons attacked them and pelted stones at their car, abused them in filthy language and assaulted with iron rod with an intention to commit murder and caused injuries to him and Mohammad Almas. 4. In respect of the very same incident, there is a counter case registered wherein several persons have sustained grievous as well as simple injuries. The injuries sustained by the persons in the present case are all simple in nature. The petitioner was arrested on 22.12.2024. He has been interrogated. He has no criminal antecedents. Omnibus allegations are made that all the accused have assaulted with rods etc. There is no recovery of weapon from the petitioner. Considering that the petitioner is - 4 - NC: 2025:KHC:5626 CRL.P No. 675 of 2025 already arrested, interrogated and there are no criminal antecedents against him, relief sought for in the petition can be granted by imposing suitable conditions. Accordingly, the following:- ORDER Petition is allowed. Petitioner/accused No.1 in Crime No. 188/2024 of Bantwal Town Police Station, Dakshina Kannada, pending on the file of Additional Civil Judge (Junior Division) and JMFC, Bantwal, Dakshina Kannda, 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. - 5 - NC: 2025:KHC:5626 CRL.P No. 675 of 2025 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge 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.: 16