- 1 - NC: 2025:KHC:17317 CRL.P No. 5757 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5757 OF 2025 BETWEEN: MUBHARAQ ALIAS NATTA (A1) S/O LATE PYARE JAN, AGE ABOUT 26 YEARS, R/O GANDHINAGAR, TIPTUR TOWN, TUMKUR DISTRICT - 572 201. (NOW IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. CHANDRASHEKARA K. A., ADVOCATE) AND: THE STATE OF KARNATAKA BY THE POLICE OF TIPTUR TOWN POLICE STATION, TUMAKURU DISTRICT 572201 REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT HIM IN CR.NO.228/2024 OF TIPTUR TOWN P.S. TUMAKUR DISTRICT NOW PENDING ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND J.M.F.C COURT TIPTUR Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17317 CRL.P No. 5757 of 2025 FOR THE OFFENCE P/U/S 189(2),191(2),191(3),115(2), 118(2),109,352,351(2) R/W 190 PF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.228/2024 registered by Tiptur Town Police Station, Tumkur District, for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(2), 109, 352, 351(2) R/w 190 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 counsels for the parties. 3. FIR in Cr.No.228/2024 was registered by Tiptur Town Police Station, Tumkur District for the aforesaid offences against the petitioner and four others, based on the first information dated 10.12.2024 received from Shoyeb S/o late Inayath. During the course of investigation of the case petitioner herein was arrested on 11.12.2024. After completing the investigation, charge sheet has been filed against five - 3 - NC: 2025:KHC:17317 CRL.P No. 5757 of 2025 persons and petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court in Crl.Misc.No.10080/2025 was rejected on 26.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that allegation of assaulting the injured victims in the present case is found against all five accused in the present. Grievous injuries suffered by Parveez is as a result of assault made by accused No.2. Accused Nos.1, 3 and 5 are involved in another criminal case registered for the offences punishable under Section 302 of IPC, which is pending before the Jurisdictional Sessions Court in SC No.10021/2023. In the said case, accused Nos.1, 3 and 5 have been granted regular bail. In the present case also accused Nos.3 and 5 have been granted regular bail. But, the learned Sessions Judge has rejected the bail application of the petitioner for the reason that he is involved in SC No.10021/2023. Accordingly, prays to allow the petition. 5. Per contra, learned High Court Government Pleader who has opposed the petition has not disputed the submission made by the learned counsel for the petitioner. - 4 - NC: 2025:KHC:17317 CRL.P No. 5757 of 2025 6. In the present case, FIR has been registered based on the first information received from one of the injured victim as against five named accused persons. Petitioner, who is arrayed as accused No.1 in the FIR was arrested on 11.12.2024 and after completing investigation, charge sheet has been filed against five accused persons. Allegation of assaulting the three injured persons is found in the charge sheet is as against accused Nos.1 to 5. The allegation of assaulting one Parveez, who has suffered grievous injury is found in the charge sheet against accused No.2, who has been granted regular bail by the Sessions Court. Accused Nos.3 and 5, who are also undisputedly arrayed as accused in SC No.10021/2023 registered for the offence punishable under Section 302 of IPC have been granted regular bail by the jurisdictional Sessions Court. Except the aforesaid case, which is pending in SC No.10021/2023, petitioner has no other criminal antecedent. Under the circumstances, the learned Sessions Judge was not justifying the rejecting bail application of the petitioner on the ground that he has criminal antecedent, when the very same judge has granted regular bail to accused Nos.3 and 5, who also stand on the same footing. Therefore, I am of the opinion - 5 - NC: 2025:KHC:17317 CRL.P No. 5757 of 2025 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.228/2024 registered by Tiptur Town Police Station, Tumkur District, for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(2), 109, 352, 351(2) R/w 190 of the BNS, 2023, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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; - 6 - NC: 2025:KHC:17317 CRL.P No. 5757 of 2025 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 BH List No.: 2 Sl No.: 9