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2025 DAILYLAW 19240 (KAR)

ZIYA ULLA v. THE STATE OF KARNATAKA

CRL.P/2919/2025 · 2025-03-19

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:11407 CRL.P No. 2919 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2919 OF 2025 BETWEEN: ZIYA ULLA S/O LATE AMANULLA AGED ABOUT 34 YEARS 2ND CROSS, REHAMATH NAGARA CHAMARAJANAGAR - 571 313. …PETITIONER (BY SRI CHANDRASHEKARA K.A, ADV.) AND: THE STATE OF KARNATAKA BY THE POLICE OF CHAMARAJANAGAR TOWN POLICE STATION CHAMARAJANAGARA - 571 313 REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT HIM BAIL IN CR.NO.12/2025 OF CHAMARAJANAGARA TOWN P.S., CHAMARAJANAGARA, NOW PENDING ON THE FILE OF ADDL.CIVIL JUDGE (SR.DN) AND C.J.M COURT CHAMARAJANAGAR DISTRICT FOR THE OFFENCE P/U/S 115(2),126(2),352,351(2),109,3(5) OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11407 CRL.P No. 2919 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 Crime No.12/2025 registered by Chamarajanagara Town Police Station, Chamarajanagara District for the offences punishable under Sections 115(2), 126(2), 352, 351(2), 109 & 3(5) of BNSS, 2023 is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.12/2025 was registered by Chamarajanagara Town Police Station, Chamarajanagara District against petitioner herein and three others for the aforesaid offences, on the basis of first information dated 17.01.2025 received from Sri Juber Ulla S/o Late Sanaulla. During the course of investigation of the case, the petitioner herein was arrested and remanded to judicial custody on 19.01.2025. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in - 3 - NC: 2025:KHC:11407 CRL.P No. 2919 of 2025 Crl.Misc.No.47/2025 was dismissed on 20.02.2025. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner has prayed to allow the petition. 6. Per contra, learned HCGP has opposed the petition. 7. Perusal of the averments found in the first information which is submitted by the elder brother of the injured Waseem Ulla would go to show that, the first informant is an eye witness to the incident in question. He has stated that immediately after incident he had taken the injured Waseem Ulla to JSS hospital, Chamarajanagar for treatment and thereafter taken him to Manipal hospital, Mysuru for better treatment. 8. The medical records of the injured victim would go to show that, in the hospital at the time of admitting the injured, the history was given that the injured was assaulted by unknown person. In respect of the alleged incident that had taken place on 16.01.2025 at 22.45 - 4 - NC: 2025:KHC:11407 CRL.P No. 2919 of 2025 hours, first information is belated submitted on 17.01.2025 at about 20.30 hours. Undisputedly, the petitioner has no other criminal antecedents. The injured who was admitted in the hospital has been already discharged and his condition is said to be stable. 9. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 10. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in Crime No.12/2025 registered by Chamarajanagara Town Police Station, Chamarajanagara District for the offences punishable under Sections 115(2), 126(2), 352, 351(2), 109 & 3(5) of BNSS, 2023, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees - 5 - NC: 2025:KHC:11407 CRL.P No. 2919 of 2025 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; 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS