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2025 DAILYLAW 24908 (KAR)

SRI NAYAZ PASHA v. THE STATE OF KARNATAKA

CRL.P/6128/2025 · 2025-05-15

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - NC: 2025:KHC:18248 CRL.P No. 6128 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 6128 OF 2025 BETWEEN: SRI. NAYAZ PASHA S/O. MUNIR SAAB AGED ABOUT 31 YEARS R/A. BASAVANAGANGURU VILLAGE ABBALAGERE POST SHIVAMOGGA TALUK - 577 201. …PETITIONER (BY SRI SRIKANTH PATIL K, ADVOCATE) AND: THE STATE OF KARNATAKA BY PAPER TOWN POLICE STATION BHADRAVATI. NOW REPRESENTED BY STATE PP HIGH COURT OF KARNATAKA BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. SOWMYA R, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 OF Cr.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS BAIL APPLICATION AND ENLARGE THE PETITIONER/ACCUSED No.3 ON BAIL IN CRIME No.12/2025 OF TOWN POLICE STATION, BHADRAVATI PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, BHADRAVTI, FOR THE OFFENCES SECTION 132, 121(1), 109(1), 61, 58(B) OF THE BNS AND SECTION 3 AND 25 1B OF THE ARMS ACT, 1959 AND ETC., Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18248 CRL.P No. 6128 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER The petitioner (accused No.3), who was arrested on 23.02.2025 in Crime No.12/2025 registered by the Paper Town Police Station, Bhadravathi, for the offences punishable under Sections 132, 121(1), 109(1), 61, 58(b) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as 'BNS") and Sections 3 and 25 1B of the Arms Act, 1959, is before this Court seeking bail. 2. Learned Counsel for the petitioner submits that the grounds of arrest were not served on the petitioner at the time of arrest, and therefore, the same is in violation of Article 22(1) of the Constitution of India. He submits that on the same ground, accused No.1 has been granted bail in Crl.P.No.5036/2025 by the co-ordinate Bench. 3. Learned HCGP submits that there is criminal antecedent of this petitioner and he is involved in a similar - 3 - NC: 2025:KHC:18248 CRL.P No. 6128 of 2025 offence in Crime No.80/2016 of Vinobanagara Police Station, Shivamogga. 4. Petitioners/accused No.3 and accused No.1 were arrested on the same day, and they were produced before the Jurisdictional Court under a common remand application. Accused No.1 has been granted bail on the ground that no grounds for arrest are reflected in the notice of arrest. 5. The petitioner/accused No.3 is also entitled for grant of bail on the same ground, as he has also not been informed of grounds of arrest. Even on perusal of the complaint, no specific overt act is alleged against the petitioner/accused No.3. In view of the above, the petitioner is entitled for grant of bail subject to following: ORDER The criminal petition is allowed. The petitioner/accused No.3 is ordered to be released on bail in Crime No.12/2025 of Paper Town Police Station, Bhadravathi, subject to following conditions: - 4 - NC: 2025:KHC:18248 CRL.P No. 6128 of 2025 1. The petitioner/accused No.3 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like sum to the satisfaction of the jurisdictional Court; 2. The petitioner/accused No.3 shall cooperate with the police in the investigation; 3. The petitioner/accused No.3 shall not involve in similar offences in future; 4. The petitioner/accused No.3 shall appear before the Investigating Officer as and when required; 5. The petitioner/accused No.3 shall not directly or indirectly threaten or tamper with the prosecution witnesses. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE AMA List No.: 1 Sl No.: 116 CT: BHK