- 1 - NC: 2025:KHC:18368 CRL.P No. 5233 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 5233 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: MR. JAKEER PASHA S/O. VAJEER PASHA, AGED ABOUT 43 YEARS, RESIDING AT SHANIVARSANTHE, GUNDURAO BADAVANE, SHANIVARSANTHE HOBLI, SOMAWARPET TALLUK, KODAGU DISTRICT - 571235. …PETITIONER (BY SRI. SYED AKMAL HASAN RAZVI.,ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED BY SHANIVARSANTHE POLICE STATION, BANGALORE. …RESPONDENT (BY SMT.WAHEEDA.M.M., ADVOCATE) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.36/2025, OF THE SHANIVARSANTHE POLICE STATION, FOR THE ALLEGED OFFENCES UNDER SECTIONS 189(2), 189(4), 191(2), 109, 115(2), 118(1), 351(2) AND 190 OF BNS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18368 CRL.P No. 5233 of 2025 ORAL ORDER This petition is filed by the accused No.1 seeking for regular bail in Crime No.36/2025, registered by the Shanivarasanthe Police Station, for the offences punishable under Sections 189(2), 189(4), 191(2), 109, 115(2), 118(1), 351(2) and 190 of BNS Act, 2. The case of the prosecution is that the petitioner is accused No.1, seeking regular bail in crime No.36/2025. A complaint came to be registered by the complainant stating that on 02.03.2025 at about 8.00 P.M., when the complainant along with his friend Tasleem were talking in the hotel, the accused abused him in a filthy language. Accused No.1, who is the petitioner herein, came in the Scooty and took an iron rod from the welding shop and assaulted him on his head and caused injuries. Other accused persons have also assaulted him. The over-act of all the accused has been explained in the complaint. Based on the information given by the - 3 - NC: 2025:KHC:18368 CRL.P No. 5233 of 2025 complainant, the case came to be registered by the respondent police. 3. Heard Sri.Syed Akmal Hasan Razvi, learned counsel for the petitioner, and Smt.Waheeda.M.M., learned High Court Government Pleader for the respondent-State. 4. It is the submission of the learned counsel for the petitioner that though the major offences leveled against the petitioner is under Section 109 of IPC, the fact remains that the petitioner had no intention to commit murder of the complainant. Mere assault on the head of the injured may not be construed as an attempt to commit murder. The petitioner is in judicial custody, and he is earning member of the family. He will abide by the terms and conditions that may be imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader vehemently opposed the said submissions, and - 4 - NC: 2025:KHC:18368 CRL.P No. 5233 of 2025 she further submitted that the petitioner and other accused, in furtherance of a common intention to commit murder, assaulted the injured with a lethal weapon and caused injuries. Having considered the nature of the injuries sustained, it can be inferred that accused No.1 had intention to commit the murder of the injured. Hence, the petitioner is not entitled to bail. Making such submissions, he prays to dismiss the petition. 6. Having considered the rival submissions urged by the respective counsels of the respective parties, it can be inferred that the petitioner, being accused No.1 is stated that he assaulted on the head of the injured. However, the said injury is simple in nature. Hence, it is appropriate to grant him bail by imposing suitable conditions. 7. Hence, I proceed to pass the following: ORDER i) The Criminal Petition is allowed. - 5 - NC: 2025:KHC:18368 CRL.P No. 5233 of 2025 ii) The petitioner is ordered to be enlarged on bail in Crime No.36/2025 of the respondent – Police, pending on the file of Senior Civil Judge and JMFC at Somawarpete, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions: a) The petitioner shall co-operate with the investigation as and when it is required till filing of the charge sheet. b) The petitioner shall appear before the Trial Court on all dates of hearing without fail. c) The petitioner shall not threaten nor tamper the prosecution witnesses. d) The Registry is directed to communicate this order to the Trial Court forthwith. - 6 - NC: 2025:KHC:18368 CRL.P No. 5233 of 2025 In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. Sd/- (S RACHAIAH) JUDGE SRK List No.: 1 Sl No.: 29