Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:15190 CRL.P No. 4569 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4569 OF 2025 BETWEEN:
1.
SYAN KHAN @ SAIYAN S/O ABEEB KHAN AGED ABOUT 23 YEARS R/AT 2ND STAGE, YARABNAGAR RAMANAGARA TOWN RAMANAGARA DT. - 562 159.
2.
NADEEM KHAN @ NADEEM S/O USMAN KHAN AGED ABOUT 27 YEARS R/AT 2ND BLOCK NEAR BEELAAL MASIDI YARABNAGAR, RAMANAGARA TOWN, RAMANAGARA DT. - 562 159. …PETITIONERS (BY SRI MADHU E.K, ADV., FOR SRI MANJUNATH B.R, ADV.) AND:
STATE OF KARNATAKA IJOOR POLICE STATION BY REPRESENTED BY STATE PUBLIC PROSECUTOR, RAMANAGARA HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP)
Digitally signed by NANDINI MS Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:15190 CRL.P No. 4569 of 2025
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THEM ON BAIL IN CR.NO.2/2025 REGISTERED FOR THE OFFENCE P/US/ 109,61(2),351(2) R/W SEC.190 OF BNS AND U/S.25 OF ARMS ACT 1959 OF IJOOR POLICE STATION PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (Sr.Dn.) AND CJM AT 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 and 2 in Crime No.2/2025 registered by Ijoor Police Station, Ramanagara, for the offences punishable under Sections 109, 61(2), 351(2) and 190 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.2/2025 was registered by Ijoor Police Station, Ramanagara, for the aforesaid offences against petitioners herein and four others based on the first information dated 09.01.2025 received from Mateen Pasha, who is the alleged victim in the present case. During the course of investigation, petitioners herein were arrested on 09.01.2025 and subsequently, remanded to judicial custody. Bail
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NC: 2025:KHC:15190 CRL.P No. 4569 of 2025
application filed by them before the jurisdictional Sessions Court in Crl.Misc.No.59/2025 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. Nobody has suffered any injury in the incident in question. Accused in Crime No.1/2025 have already been granted regular bail. Accordingly, he prays to allow the petition.
5. Per contra, learned HCGP has opposed the petition and submits that petitioners are persons with criminal antecedents. However, he does not dispute the submission made by learned counsel for the petitioners.
6. A 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, case and counter case has been registered in Crime No.1/2025 and Crime No.2/2025 by Ijoor Police Station, Ramanagara. First informant Mateen Pasha is allegedly one of the accused in Crime No.1/2025. Undisputedly, nobody has suffered any injury in the alleged incident that had taken place
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NC: 2025:KHC:15190 CRL.P No. 4569 of 2025
on 09.01.2025. Under the circumstances, I am of the opinion that the prayer made by the petitioners, who are in custody from 09.01.2025 for grant of regular bail needs to be answered affirmatively. Merely for the fact that they are involved in some other criminal cases, the same cannot be a reason to reject their bail application when it is otherwise found that they have made out a case for grant of bail. Accordingly, the following
order:-
7. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.2/2025 registered by Ijoor Police Station, Ramanagara, for the offences punishable under Sections 109, 61(2), 351(2) and 190 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 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;
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NC: 2025:KHC:15190 CRL.P No. 4569 of 2025
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
DN