- 1 - NC: 2025:KHC:11652 CRL.P No. 2053 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2053 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: MOHAMMAED RIZWAN S/O ABDULLA K., AGED ABOUT 35 YEARS, R/O KUNJILA VILLAGE MADIKERI TALUK, KODAGU DISTRICT. …PETITIONER (BY SRI. DHANANJAY KUMAR., ADVOCATE) AND: THE STATE OF KARNATAKA, BY MADIKERI TOWN POLICE STATION REP. BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND RELEASE THE PETITIONERS ON BAIL IN CRL. MISC. NO.17/2025 IN CR. NO.140/2024 REGISTERED BY THE MADIKERI TOWN P.S., ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, KODAGU-MADIKERI, FOR THE OFFENCES P/U/S 318(4) R/W 3(5) OF BNS, 2023. THIS PETITION, COMING ON ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI B G Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11652 CRL.P No. 2053 of 2025 ORAL ORDER Accused No.1 in Crime No.140/2024 registered by Madikeri Town Police Station, Kodagu for offences under Sections 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking regular bail. 2. Heard the learned counsels for the parties. 3. FIR in Crime No.140/2024 was registered by Madikeri Town Police Station, Kodagu for the aforesaid offences against the petitioner and others on the basis of the first information dated 04.12.2024 received from Praveen B Nayak. 4. During the course of investigation of the case, petitioner herein was arrested on 05.12.2024 and subsequently, remanded to judicial custody. Bail application filed by the petitioner in Crl.Misc.No.17/2025 before the Jurisdictional Sessions Court which was rejected on 21.01.2025. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that accused Nos. 2 to 7 have been already enlarged on bail. Though, petitioner is in custody from 05.12.2024, till date, - 3 - NC: 2025:KHC:11652 CRL.P No. 2053 of 2025 charge sheet is not filed and therefore, he is entitled for statutory bail. 6. Per contra, learned High Court Government Pleader who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioner. 7. FIR in the present case was filed for offences punishable under Sections 318(4) read with 3(5) of BNS. It is not in dispute that, accused Nos. 2 to 7 have been already granted regular bail by the Jurisdictional Sessions Court. Petitioner who is arrayed as accused No.1 was arrested and remanded to judicial custody in the present case on 05.12.2024 and learned High Court Government Pleader does not dispute that till date, charge sheet is not filed. Under the circumstances, I am of the opinion that, in view of Section 187(3) of BNSS, the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.140/2024 registered by Madikeri Town Police Station, - 4 - NC: 2025:KHC:11652 CRL.P No. 2053 of 2025 Kodagu for offences under Sections 318(4) read with Section 3(5) of BNS, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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; 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 SPV List No.: 1 Sl No.: 50