- 1 - NC: 2025:KHC:17505 CRL.P No. 1933 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1933 OF 2025 BETWEEN: IBRAHAR ALI @IBBU, S/O JAVEED, AGED ABOUT 30 YEARS, R/AT A-06, YELLAMMA DEVI BUILDING, BHAVANI ROAD, HEBBAGODI VILLAGE, ANEKAL TALUK, BENGALURU - 562 106. …PETITIONER (BY SRI.HASHMATH PASHA., SENIOR COUNSEL FOR SRI. KARIAPPA N A., ADVOCATE) AND: STATE OF KARNATAKA BY KOTE POLICE STATION, SHIVAMOGGA DISTRICT - 562 106. (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001.) …RESPONDENT (BY SMT.WAHEEDA.M.M., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.76/2024 OF KOTE POLICE STATION, SHIVAMOGGA FOR OFFENCES U/S 143, 144, 147, 148, 302, 120B, 114 R/W 149 OF INDIAN PENAL CODE AND U/S Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17505 CRL.P No. 1933 of 2025 25(1) OF ARMS ACT, WHICH IS PENDING IN SC.NO.167/2024 ON THE FILE OF THE HONBLE 1ST ADDL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.4 in S.C.No.167/2024 is pending before the Court of I Additional District and Sessions Judge, Shivamogga, arising out of Crime No.76/2024 registered by Kote Police Station, Shivamogga District, for offences punishable under Sections 143, 144, 147, 148, 302, 120-B, 114 of IPC and read with Section 149 of IPC, 25(1)(A) of Arms Act is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.76/2024 was registered by Kote Police Station, Shivamogga District, initially for offences punishable under Sections 143, 144, 147, 148, 307, 149 of IPC against Adil and others, based on the first information dated 08.05.2024 received from Ezaz Ahamed S/o Mohamed Usman who is the father of deceased Yaseen Qureshi. It appears that - 3 - NC: 2025:KHC:17505 CRL.P No. 1933 of 2025 subsequently, the injured Yaseen Qureshi had died and therefore for the offence punishable under Section 302 of IPC was invoked in the present case. 4. During the course of investigation of the case, petitioner herein was arrested on 11.05.2024 and subsequently remanded to judicial custody. After completing investigation charge sheet is now filed against 22 accused persons and petitioner is arraigned as accused No.4 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.42/2025 was rejected on 22nd January, 2025. Therefore, petitioner is before this Court. 5. Learned Senior Counsel appearing for the petitioner submits that petitioner has no criminal antecedents and he is a permanent resident of Bengaluru. Only to attend a marriage ceremony he had gone to the house of his relative. He submits that grounds of arrest has not been served on the petitioner in the present case and therefore, in view of the judgment of the Hon'ble Supreme Court in the case of PANKAJ BANSAL VS UNION OF INDIA - (2024)7 SCC 576 and PRABIR - 4 - NC: 2025:KHC:17505 CRL.P No. 1933 of 2025 PURKAYASTHA VS STATE (NCT OF DELHI) (2024)8 SCC 254, petitioner's prayer for regular bail needs to the granted. 6. Per contra, learned HCGP who has opposed the petition on the merits of the case, on instruction submits that grounds of arrest has not been served in the present case on the petitioner. 7. The Hon'ble Supreme Court in the case of PANKAJ BANSAL (supra), after referring to Section 50 of Cr.PC has held that compliance of Section 50 of Cr.PC is mandatory and grounds of arrest has to be served on the arrested accused at the time of his arrest, so as to enable him to make necessary arrangements to get himself released on bail. 8. In the present case learned HCGP has fairly submitted that grounds of arrest has not been served on the petitioner. The Hon'ble Supreme Court in the case of PANKAJ BANSAL (supra) has observed that in the event the grounds of arrest is not served on the arrested accused, that entitles him for bail. Undisputedly, petitioner has no other criminal antecedents and is in custody from 11.05.2024. Considering the aforesaid aspects of the matter, I am of the view that - 5 - NC: 2025:KHC:17505 CRL.P No. 1933 of 2025 without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.167/2024 is pending before the Court of I Additional District and Sessions Judge, Shivamogga, arising out of Crime No.76/2024 registered by Kote Police Station, Shivamogga District, for offences punishable under Sections 143, 144, 147, 148, 302, 120-B, 114 of IPC and read with Section 149 of IPC, 25(1)(A) of Arms Act, subject to the following conditions: a) The petitioner shall execute 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 his appearance for valid reasons; - 6 - NC: 2025:KHC:17505 CRL.P No. 1933 of 2025 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 32