- 1 - NC: 2025:KHC:16427 CRL.P No. 5037/2025 C/W CRL.P No.5230/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5037 OF 2025 C/W CRIMINAL PETITION NO. 5230 OF 2025 CRL.P No.5037/2025: BETWEEN: HAMEED S/O MAHAMMAD AGED ABOUT 45 YEARS R/AT 8-28/8, RENJALA HOUSE UJJIRE VILALGE AND POST BELTHANGADY TALUK D K DISTRICT - 574 240 (AS PER REMAND APPLICATION) …PETITIONER (BY SRI MAHAMMED MUSTHAFA, ADV.) AND: STATE BY BELTHANGADY POLICE REP BY SPP, HIGH COURT CAMPUS BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CR.NO.15/2025 OF RESPONDENT BELTHANGADY POLICE STATION PENDING ON THE FILE OF HONBLE PRL.CIVIL JUDGE Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16427 CRL.P No. 5037/2025 C/W CRL.P No.5230/2025 AND JMFC, BELTHANGADY FOR THE ALLEGED OFFENCES P/U/S.351(2), 109 R/W 3(5) OF BNS 2023, WEHREIN THIS PETITIONER IS ARRAYED AS ACCUSED NO.1. CRL.P No.5230/2025: BETWEEN: 1 . MOHAMMAD RAFEEQ @ RIYAZ S/O DASTHAGIRI AGED ABOUT 29 YEARS R/AT 6-26, PADE HOUSE MACHARU, UJIRE, BELTHANGADY TALUK, D.K. DISTRICT -574 240 (AS PER AADHAR CARD) 2 . HARSHAD @ ARSHAD S/O DASTHAGIRI AGED ABOUT 36 YEARS R/AT 6-26, PADE HOUSE MACHARU, UJIRE, BELTHANGADY TALUK, D.K. DISTRICT - 574 240 (AS PER AADHAR CARD) ...PETITIONERS (BY SRI MAHAMMED MUSTHAFA, ADV.) AND: STATE BY BELTHANGADY POLICE REP BY SPP, HIGH COURT CAMPUS BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN CONNECTION WITH CR NO.15/2025 OF RESPONDENT BELTHANGADY POLICE STATION PENDING ON - 3 - NC: 2025:KHC:16427 CRL.P No. 5037/2025 C/W CRL.P No.5230/2025 THE FILE OF HONBLE PRL.CIVIL JUDGE AND JMFC, BELTHANGADY FOR THE ALLEGED O/P/U/S 351(2), 109 R/W 3(5) OF BNS 2023, WHEREIN THE PETITIONER ARE ARRAYED AS ACCUSED NO.2 AND 3. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. These two petitions filed by accused Nos.1 to 3 arise out of Crime No.15/2025 registered by Belthangadi Police Station, Dakshina Kannada, for the offences punishable under Sections 351(2), 109 and 3(5) of BNS, 2023. Therefore, they are heard together and disposed of by this common order. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.15/2025 was registered by Belthangadi Police Station, Dakshina Kannada, for the aforesaid offences against Hameed and two others based on the first information dated 06.03.2025 received from Mahammad Shaberr S/o Ummar. During the course of investigation, accused No.1 was arrested on 09.03.2025. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.204/2025 was - 4 - NC: 2025:KHC:16427 CRL.P No. 5037/2025 C/W CRL.P No.5230/2025 rejected on 25.03.2025. Therefore, he is before this Court in Crl.P.No.5037/2025 seeking regular bail. Apprehending arrest in the case, accused Nos.2 and 3 had filed Crl.Misc.No.203/2025 before the jurisdictional Sessions Court which was rejected on 25.03.2025. Therefore, they are before this Court in Crl.P.No.5230/2025 seeking anticipatory bail. 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 05.03.2025. Both the parties have suffered injuries in the road traffic accident. Accused No.2 and 3 were not even present at the spot at the time of incident. Accused No.1 who has no other criminal antecedents is in custody for the last more than one month. Accordingly, he prays to allow the petitions. 5. Per contra, learned HCGP, who has opposed the petitions submits that victims in the present case have suffered grievous injuries. Investigation in the case is under progress. Accordingly, he prays to dismiss the petitions. 6. A perusal of the material on record would go to show that in respect of the alleged incident that had taken place at about - 5 - NC: 2025:KHC:16427 CRL.P No. 5037/2025 C/W CRL.P No.5230/2025 16.45 hours on 05.03.2025, a case and counter case has been registered by Belthangadi Police Station, Dakshina Kannada in Crime No.15/2025 and Crime No.16/2025. In the first information which has resulted in registering FIR in Crime No.15/2025, it is alleged that accused No.1 had dashed his auto rickshaw against the two wheeler of the first informant and other injured victim and as a result, they had fallen on the ground and had suffered injuries. In the first information submitted by accused No.1 in the present case which has resulted in registering the FIR in Crime No.16/2025, it is stated that injured victims in the present case came in a two wheeler armed with a club and they allegedly made an attempt to assault the first informant in Crime No.16/2025 and as a result, their vehicle dashed against the auto rickshaw of the first informant and they fell down and suffered injuries. From a reading of the first information in Crime No.15/2025 and in Crime No.16/2025, it is apparent that victims in the present case have suffered injuries as a result of road traffic accident. There is allegation as against the accused in Crime No.15/2025 that the said accident was caused deliberately. Accused Nos.2 and 3 were undisputedly not at the spot when the accident in - 6 - NC: 2025:KHC:16427 CRL.P No. 5037/2025 C/W CRL.P No.5230/2025 question had taken place. Accused No.1, who has no other criminal antecedents is in custody from 09.03.2025. Injured victims in Crime No.15/2025 have been discharged from the Hospital and their condition is said to be stable. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners for grant of regular bail and anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 7. The Criminal Petitions are allowed. The petitioner/accused No.1 is directed to be enlarged on bail in Crime No.15/2025 registered by Belthangadi Police Station, Dakshina Kannada, for the offences punishable under Sections 351(2), 109 and 3(5) of BNS, 2023, subject to the following conditions: a) Petitioner/accused No.1 shall execute a 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/accused No.1 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 7 - NC: 2025:KHC:16427 CRL.P No. 5037/2025 C/W CRL.P No.5230/2025 c) The petitioner/accused No.1 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner/accused No.1 shall not involve in similar offences in future; e) The petitioner/accused No.1 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. 8. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners/accused Nos.2 and 3 in the event of their arrest in Crime No.15/2025 registered by Belthangadi Police Station, Dakshina Kannada, for the offences punishable under Sections 351(2), 109 and 3(5) of BNS, 2023, subject to the following conditions: 1. The Petitioners/accused Nos.2 and 3 shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. - 8 - NC: 2025:KHC:16427 CRL.P No. 5037/2025 C/W CRL.P No.5230/2025 2. Petitioners/accused Nos.2 and 3 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners/accused Nos.2 and 3 shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners/accused Nos.2 and 3 shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN