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2025 DAILYLAW 20384 (KAR)

RAHEEL PASHA @ RAHEEL v. STATE BY

CRL.P/3856/2025 · 2025-03-28

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:13238 CRL.P No. 3856 of 2025 C/W CRL.P No. 3885 of 2025 CRL.P No. 3914 of 2025 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3856 OF 2025 (439(Cr.PC) / 483(BNSS)) C/W CRIMINAL PETITION NO. 3885 OF 2025 CRIMINAL PETITION NO. 3914 OF 2025 CRIMINAL PETITION NO. 3917 OF 2025 IN CRL.P No. 3856/2025 BETWEEN: RAHEEL PASHA @ RAHEEL S/O KHALEEL PASHA AGED ABOUT 20 YEARS R/AT NO 18, 3RD CROSS, K.S.C.B COLONY, BEHIND UDAYAGIRI POLICE STATION, SHANTHINAGAR, MYSURU-570019. …PETITIONER (BY SRI. JAGADEESH C M., ADVOCATE) AND: STATE BY UDAYAGIRI POLICE, MYSURU REPRESENTED BY STATE PUBLIC PROSECUTOR, STATE OF KARNATAKA, HIGH COURT BUILDING, BENGALURU- 560001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT THE BAIL TO THE PETITIONERS IN CR.NO.19/2025 OF UDAYAGIRI POLICE, MYSURU FOR THE OFFENCE P/U/S 126(2), 189(2), 189(4), 189(3), 191(1), Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:13238 CRL.P No. 3856 of 2025 C/W CRL.P No. 3885 of 2025 CRL.P No. 3914 of 2025 AND 1 OTHER 191(2), 191(3), 132, 118(1), 110, 121(1) , 352, 324(4), 324(5), 190 OF BNS ACT AND U/S 3 OF PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT, PENDING IN THE FILED OF HON'BLE II ADDL. CIVIL JUDGE AND JMFC AT MYSURU. IN CRL.P NO. 3885/2025 BETWEEN: SHOAIB PASHA @ SHOAIB S/O MAZID PASHA AGED ABOUT 26 YEARS R/AT NO. 64, GHAUSIA MASJID ROAD, GHAUSIA NAGAR, MYSURU 570019 ...PETITIONER (BY SRI. JAGADEESH C M., ADVOCATE) AND: STATE BY UDAYAGIRI POLICE, MYSURU REPRESENTED BY STATE PUBLIC PROSECUTOR, STATE OF KARNATAKA, HIGH COURT BUILDING, BENGALURU- 560001. ...RESPONDENT (BY SMT. PUSHPALATHA B., ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO THE PETITIONER IN CR.NO.19/2025 OF UDAYAGIRI POLICE, MYSURU FOR THE O/P/U/S 126(2), 189(2), 189(4), 189(3), 191(1), 191(2), 191(3), 132, 118(1), 110, 121(1), 352, 324(4), 324(5), 190 OF BNS ACT AND U/S 3 OF PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT PENDING IN THE FILE OF HON'BLE II ADDL. CIVIL JUDGE AND JMFC AT MYSURU. - 3 - NC: 2025:KHC:13238 CRL.P No. 3856 of 2025 C/W CRL.P No. 3885 of 2025 CRL.P No. 3914 of 2025 AND 1 OTHER IN CRL.P NO. 3914/2025 BETWEEN: QAIBER RAZA S/O LATE MOHAMMED SALEEM, AGED ABOUT 25 YEARS, R/AT NO 17, 8TH CROSS, KEB COLONY, UDAYAGIRI, MYSURU - 570019. ...PETITIONER (BY SRI. JAGADEESH C M., ADVOCATE) AND: STATE BY UDAYAGIRI POLICE, MYSURU, REPRESENTED BY : STATE PUBLIC PROSECUTOR, STATE OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560001. ...RESPONDENT (BY SMT. PUSHPALATHA B., ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT THE BAIL TO THE PETITIONER IN CR.NO.19/2025 OF UDAYAGIRI POLICE MYSURU FOR THE OFFENCE P/U/S 126(2),189(2),189(4),189(3),191(1),191(2), 191(3),132,118(1),110,121(1), 352,324(4),324(5),190 OF BNS ACT AND SEC.3 OF PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT PENDING ON THE FILE OF HON'BLE II ADDL. CIVIL JUDGE AND J.M.F.C AT MYSURU. IN CRL.P NO. 3917/2025 BETWEEN: SADHIQ PASHA @ SADHIQ S/O KHALID PASHA AGED ABOUT 30 YEARS R/AT NO.608, NIMRA MASJID MAIN ROAD, - 4 - NC: 2025:KHC:13238 CRL.P No. 3856 of 2025 C/W CRL.P No. 3885 of 2025 CRL.P No. 3914 of 2025 AND 1 OTHER 1ST CROSS, 1ST STAGE, RAJIVNAGAR, MYSURU-570019. ...PETITIONER (BY SRI. JAGADEESH C M., ADVOCATE) AND: STATE BY UDAYAGIRI POLICE, MYSURU REPRESENTED BY : STATE PUBLIC PROSECUTOR, STATE OF KARNATAKA, HIGH COURT BUILDING, BENGALURU-560001. ...RESPONDENT (BY SMT. PUSHPALATHA B., ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT THE BAIL TO THE PETITIONER IN CR.NO.19/2025 OF UDAYAGIRI POLICE, MYSURU FOR THE OFFENCE P/U/S 126(2), 189(2), 189(4), 189(3), 191(1), 191(2), 191(3), 132, 118(1), 110, 121(1), 352, 324(4), 324(5), 190 OF BNS ACT AND U/S 3 OF PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT, PENDING ON THE FILE OF HON'BLE II ADDL. CIVIL JUDGE AND JMFC AT MYSURU. THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY COMMON ORAL ORDER Accused Nos.1, 7, 11 and 13 in Crime No.19/2025 registered by Udayagiri Police Station, Mysuru, for offences punishable under Sections 126(2), 189(2), 189(4), 189(3), 191(1), 191(2), 191(3), 132, 118(1), 110, 121(1), 352, - 5 - NC: 2025:KHC:13238 CRL.P No. 3856 of 2025 C/W CRL.P No. 3885 of 2025 CRL.P No. 3914 of 2025 AND 1 OTHER 324(4), 324(5), 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and under Section 3 of Prevention of Damage to Public Property Act (for short, 'PDPPA') are before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.19/2025 was registered by Udayagiri Police Station, Mysuru, against approximately 1000 people not known for the aforesaid offences on the basis of the first information dated 11.02.2025 received from Sunil.C.N - Police Officer attached to Udayagiri Police Station, Mysuru. 4. During the course of investigation of the case, accused Nos.1, 7 and 11 were arrested on 12.02.2025 and accused No.13 was arrested on 13.02.2025 and subsequently, remanded to judicial custody. Bail application filed by the petitioners was rejected. Therefore, the petitioners are before this Court. 5. Learned counsel for the petitioners submits that FIR has been registered against 1000 unknown persons and perusal - 6 - NC: 2025:KHC:13238 CRL.P No. 3856 of 2025 C/W CRL.P No. 3885 of 2025 CRL.P No. 3914 of 2025 AND 1 OTHER of the material on record would go to show that it is case of rioting. Major portion of investigation is already completed. Accused No.3 is granted regular bail by this Court in Crl.P.No.3571/2025 and accused Nos. 4 to 6, 8 to 10, 12 and 14 have been granted regular bail by the Jurisdictional Sessions Court. Accordingly, prays to allow the petitions. 6. Per contra, learned Additional SPP has opposed the petition and she submits that petitioners are found in the photographs, which were clicked when the accused persons were in action. Accused persons have thrown stones towards the police station and damaged public vehicles. Investigation of the case is under progress. Accordingly, prays to dismiss the petitions. 7. Perusal of the material on record would go to show that, FIR was registered in the present case against 1000 unknown persons. Allegation against the accused is that they had gathered near Udayagiri Police Station demanding to hand over one Panduranga @ Satish, who is the accused in Crime No.18/2025 registered by Udayagiri Police Station, and thereafter, suddenly thousands of youngsters started - 7 - NC: 2025:KHC:13238 CRL.P No. 3856 of 2025 C/W CRL.P No. 3885 of 2025 CRL.P No. 3914 of 2025 AND 1 OTHER obstructing movement of vehicles and also started pelting stones towards the police station, resulting in damaging of public vehicles and also causing loss to public property. It is also alleged that some of the police officers had also sustained injuries in the incident in question. It appears that incident in question was as a result of riot and FIR was registered against 1000 unknown persons. Other accused persons against whom similar allegations are found have been already enlarged on bail. Petitioners are in custody for the last more than 1 month. Considering the nature of allegations found as against the petitioners and also since other accused against whom similar allegations found are enlarged on bail, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.19/2025 registered by Udayagiri Police Station, Mysuru, for offences punishable under Sections 126(2), 189(2), 189(4), 189(3), 191(1), 191(2), 191(3), 132, 118(1), 110, - 8 - NC: 2025:KHC:13238 CRL.P No. 3856 of 2025 C/W CRL.P No. 3885 of 2025 CRL.P No. 3914 of 2025 AND 1 OTHER 121(1), 352, 324(4), 324(5), 190 of BNS and under Section 3 of PDPPA, subject to the following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties each for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV/List No.: 1 Sl No.: 70