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2025 DAILYLAW 24393 (KAR)

MOHAMMED SHABAZ v. THE STATE OF KARNATAKA

CRL.P/5924/2025 · 2025-05-02

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:18022 CRL.P No. 5924 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5924 OF 2025 BETWEEN: MOHAMMED SHABAZ S/O MOHAMMED SALEEM AGED ABOUT 29 YEARS R/AT NO.398, OLD MADRAS SOAP FACTORY ROAD D.J. HALLI, BANGALORE CITY - 560 097. …PETITIONER (BY SRI CHANDRAPPA K.N, ADV.) AND: THE STATE OF KARNATAKA VIDYARANYAPURA POLICE STATION BANGALORE CITY, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL U/S.483 OF BNSS, 2023 IN SC.NO.1601/2024 (CRIME NO.396/2024) OF VIDYARANYAPURA POLICE STATION, OFFENCE U/S. 109, 3(5) OF BNS, 2023 PENDING ON THE FILE OF LVI ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-57). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18022 CRL.P No. 5924 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.396/2024 registered by Vidyaranyapura Police Station, Bengaluru City, for the offence punishable under Section 109 R/w 3(5) of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.396/2024 was registered by Vidyaranyapura Police Station, Bengaluru City for the aforesaid offences against two unknown persons, on the basis of first information dated 28.09.2024 received from Sri Manjunatha C.M S/o Marigowda, who is the injured victim in the present case. During the course of investigation, the petitioner herein was arrested on 13.09.2024 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against two persons and the - 3 - NC: 2025:KHC:18022 CRL.P No. 5924 of 2025 petitioner herein is arraigned as accused No.1 in the charge sheet filed for the aforesaid offences. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in S.C.No.1601/2024 was dismissed on 17.02.2025. Therefore, he is before this Court. 5. Perusal of the material on record would go to show that, FIR was initially registered against two unknown persons. During the course of investigation, the petitioner and another were arrested and after completing investigation, charge sheet has been filed against them for the aforesaid offences. 6. As per charge sheet allegation on 27.09.2024 when the injured victim after attending a party, at about 1.30 a.m, on 28.09.2024 was returning home in his two wheeler, accused Nos.1 and 2 allegedly dashed their motorbike to the motorbike of the first informant and as a result, the first informant fell down. When the first informant started shouting at accused Nos.1 and 2, the - 4 - NC: 2025:KHC:18022 CRL.P No. 5924 of 2025 said accused persons returned to the spot and thereafter at the instance of accused No.2, accused No.1, who was riding pillion in the motorbike, allegedly assaulted the first informant with a knife and caused injury. 7. The medical record of the injured victim show that he has suffered three injuries and out of the same, injury No.2 which is on his right palm is certified as grievous injury. The injured has been already discharged from the hospital and his condition is said to be stable. Accused No.2 has been granted regular bail by this Court in Crl.P.No.1094/2025. The last criminal case registered against the petitioner is in the year 2021 and prior to that he was involved in another case, which was registered in the year 2018. It is stated that in both the cases the petitioner is enlarged on bail. 8. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. - 5 - NC: 2025:KHC:18022 CRL.P No. 5924 of 2025 9. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.396/2024 registered by Vidyaranyapura Police Station, Bengaluru City, for the offence punishable under Section 109 R/w 3(5) of BNS, 2023, 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; - 6 - NC: 2025:KHC:18022 CRL.P No. 5924 of 2025 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. f) Petitioner shall appear before the Station House Officer of Vidyaranyapura Police Station between 10.00 a.m. and 1.00 p.m. on every Sunday and mark his attendance regularly, till the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS