Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13124 CRL.P No. 3944 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3944 OF 2025 BETWEEN:
1.
MATHIN PASHA S/O MOULA PASHA AGED ABOUT 24 YEARS R/O NEAR YAKUB KHAN CIRCLE IJOOR RAMANGANAGARA TOWN ORIGINALLY RESIDENT OF NALABANDAWADI RAMANAGARA PIN - 562 159.
2.
SYED SAMEER S/O SYED MEER AGED ABOUT 24 YEARS R.AT NO.71, NEAR GANGAMMA TEMPLE, ANAJANAPURA RAMANAGARA TOWN PIN 562 159.
3.
SYED MUKEEB S/O AKRAM AGED ABOUT 25 YEARS R/AT NO. 3463, R.C. CHURCH ROAD, TROEPLANE RAMANAGARA TOWN PIN - 562 159.
4.
MOHAMMED FAROOQ S/O MOHAMMED AFTAB AGED ABOUT 18 YEARS RESIDING AT MAHABOOB NAGAR RAMANAGARA 562 159. …PETITIONERS (BY SRI A.N. RADHA KRISHNA, ADV.)
Digitally signed by NANDINI MS Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:13124 CRL.P No. 3944 of 2025
AND:
THE STATE OF KARNATAKA BY IJOOR POLICE RAMANAGARA REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THEM ON BAIL IN CRL.NO.1/2025 OF LJOOR POLICE FOR THE OFFENCE P/US/ 3(5),109 R/W SEC.3(5) OF BNS AND U/S.25 OF ARMS ACT NOW PENDING ON THE FILE OF THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM RAMANAGARA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused nos.1 to 4 in Crime No.1/2025 registered by Ijoor Police Station, Ramanagara District, for the offences punishable under Sections 109, 3(5) of BNS, 2023, and Section 25 of the Arms Act, 1959, are before this Court under Section 483 of BNSS, 2023, seeking regular bail.
2. Heard the learned Counsel for the parties.
3. FIR in Crime No.1/2025 was registered by Ijoor Police Station, Ramanagara District, for the aforesaid offences against
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NC: 2025:KHC:13124 CRL.P No. 3944 of 2025
the petitioners herein based on the first information dated 09.01.2025 received from Saiyan Khan, S/o Abeeb Khan. During the course of investigation, petitioners herein were arrested on 09.01.2025 and subsequently remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.78/2025 was rejected on
04.03.2025. Therefore, they are before this Court.
4.
Learned Counsel for the petitioners submits that there is a case and counter case in respect of the alleged incident that had taken place on 09.01.2025 and nobody has suffered any injury in the alleged incident. Petitioners are in custody from
09.01.2025. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that petitioners are persons with criminal antecedents and in the event, they are enlarged on bail, they are likely to involve in similar offences. Accordingly, she prays to dismiss the petition. 6. Perusal of the material on record would go to show that in respect of the alleged incident that had taken place on 09.01.2025, there is a case and counter case registered in
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NC: 2025:KHC:13124 CRL.P No. 3944 of 2025
Crime No.1/2025 & Crime No.2/2025 by the very same police station. Undisputedly, nobody has suffered any injury in the alleged incident that had taken place on 09.01.2025. The allegation found in the first information in both the cases is that the accused persons attempted to assault the victims and the victims managed to escape. Petitioners herein are in custody from 09.01.2025. Major portion of the investigation is completed. Merely for the reason that the petitioners have got antecedents, their prayer for grant of regular bail cannot be rejected, if they have otherwise made out a case for grant of bail. Under the circumstances, I am of the opinion that petitioners prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:
7. The petition is allowed.
The petitioners are directed to be enlarged on bail in Crime No.1/2025 registered by Ijoor Police Station, Ramanagara District, for the offences punishable under Sections 109, 3(5) of BNS, 2023, and Section 25 of the Arms Act, 1959, subject to the following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the
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NC: 2025:KHC:13124 CRL.P No. 3944 of 2025
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
KK