Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:15680 CRL.P No. 4750 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4750 OF 2025 BETWEEN:
SRI. M. ZABIULLA S/O MOHAMOOD KHAN, AGED ABOUT 32 YEARS, OCC: COOLIE, R/O 5TH CROSS, SWEEPER COLONY, RANGAPURA ROAD, GANDHINAGAR, TIPTUR TOWN, TUMKUR DISTRICT - 572 201 (THE PETITIONER IS ACCUSED NO.2 IN CRIME NO. 32/2025 IS IN JUDICIAL CUSTODY FROM 15-02-2025) …PETITIONER (BY SRI. HANDRAL NINGAPPA, ADVOCATE) AND:
THE STATE OF KARNATAKA BY TIPTUR TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, 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 OF BNSS) PRAYING TO GRANT REGULAR BAIL IN CRIME NO.32/2025 REGISTERED FOR THE OFFENCE P/U/S.190(1), 54, 351(2), 352 R/W 3(5) OF BNS, 2023, REGISTERED BY THE TIPTUR TOWN POLICE STATION PENDING ON THE FILE OF THE CIVIL JUDGE SENIOR DIVISION, TIPTUR.
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
Digitally signed by SWAPNA V Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:15680 CRL.P No. 4750 of 2025
ORAL ORDER Accused No.2 in Crime No.32/2025 registered by Tiptur Town Police Station, Bengaluru, for offences punishable under Sections 190(1), 54, 351(2), 352 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 (for short 'BNSS') seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.32/2025 was registered by Tiptur Town Police Station, Bengaluru, for the aforesaid offences against one Suheel and the petitioner herein on the basis of the first information dated 13.02.2025 received from Mubaraka Pasha, who is injured victim in the present case.
4. During the course of investigation of the case, petitioner herein was arrested on 15.02.2025 and subsequently, remanded to judicial custody. Bail application filed by the petitioner in Crl.Mis.No.10060/2025 before the Jurisdictional Sessions Court was rejected on 18.03.2025. Therefore, the petitioner is before this Court.
- 3 -
NC: 2025:KHC:15680 CRL.P No. 4750 of 2025
5. Perusal of the material on record would go to show that, de-facto complainant who is the injured victim in the present case is an accused in a case registered for offence punishable under Section 307 of IPC. He was arrested in the said case and subsequently released on bail. Allegation in the first information is that after he was released on bail on 30.02.2025, accused Nos. 1 and 2 have assaulted him with deadly weapons and caused injuries. Wound certificate of the injured victim would go to show that he had suffered two injuries in the incident in question and the doctor has certified that the said injuries are simple in nature. Undisputedly, petitioner has no other criminal antecedents. Accused No.1, who is arrested in the present case is in judicial custody. Under such circumstances, I am of the opinion that 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.32/2025 registered by Tiptur Town Police Station,
- 4 -
NC: 2025:KHC:15680 CRL.P No. 4750 of 2025
Bengaluru, for offences punishable under Sections 190(1), 54, 351(2), 352 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.: 82