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2025 DAILYLAW 25993 (KAR)

MOHAMMED ASHWAK v. THE STATE BY

CRL.P/6683/2025 · 2025-06-04

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:18789 CRL.P No. 6683 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6683 OF 2025 BETWEEN: 1. MOHAMMED ASHWAK S/O MOHAMMED ARIF AGED ABOUT 25 YEARS R/AT NO.4, 6TH CROSS KANAKA NAGAR, R.T.NAGAR BANGALORE 560 032 2. MOHAMMED TABREZ S/O MOHAMMED ARIG AGED ABOUT 22 YEARS R/AT NO.4, 6TH CROSS KANAKA NAGAR, R.T.NAGAR BANGALORE 560 032 …PETITIONERS (BY SRI. CHETHAN B, ADVOCATE) AND: THE STATE BY BY NELAMANGALA RURAL POLICE STATION BENGALURU RURAL DISTRICT BENGALURU-562 123 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001 …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) Digitally signed by SHAKAMBARI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18789 CRL.P No. 6683 of 2025 THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.143/2025 REGISTERED BY THE RESPONDENT NELAMANAGALA RURAL POLICE, BENGALURU RURAL DISTRICT, BENGALURU FOR THE ALLEGED OFFENCE P/US/ 25(1A) OF ARMS ACT 1959 PENDING ON THE FILE OF THE HON'BLE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT NELAMANGALA BENGALURU RURAL DISTRICT. 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 Nos.1 and 2 in Crime No.143/2025 registered by Nelamangala Rural Police Station for the offences punishable under Sections 25(1A) of ARMS Act, 1959 are before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. F.I.R. in Crime No.143/2025 was registered by Nelamangala Rural Police Station, against the petitioners herein for the aforesaid offence on the basis of first information dated 11.04.2025 received from Banu Doddamani. During the course of investigation of the case, the petitioners herein who are arrayed as accused Nos.1 and 2 in the FIR were arrested on 11.04.2025 and subsequently remanded to judicial custody. - 3 - HC-KAR NC: 2025:KHC:18789 CRL.P No. 6683 of 2025 4. The bail application filed by the petitioners in Crl.Misc.No.737/2025 before the jurisdictional Sessions Court was rejected on 24.04.2025. Therefore, they are before this Court. 5. Learned counsel for the petitioners submits that petitioners have no criminal antecedents and they are youngsters aged about 25 and 22 years respectively. He submits that major portion of the investigation is already completed and maximum punishment for the said offence is imprisonment for a period of 10 years. Accordingly, prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition and submits that investigation is under progress. Accordingly, prays for dismissal of the petition. 7. Perusal of the first information submitted by the police constable attached to the Nelamangala Rural Police station would go to show that on 11.04.2025 at about 3.30 a.m. when the police attached to the Nelamangala Rural Police Station were randomly checking the vehicles near Lankotoll Kunigal National Highway-75, they had intercepted a Red Swift - 4 - HC-KAR NC: 2025:KHC:18789 CRL.P No. 6683 of 2025 Car bearing registration No.KA-02-M.D.2707 and from the dickey of the said car they had recovered a long, dragger and wooden club. When the inmates of the said car were enquired they had stated that no licence was obtained and it is in this background FIR was registered in Crime No.143/2025 against the petitioners. 8. The petitioners who have no criminal antecedents are in judicial custody from 11.04.2025. Major portion of the investigation is already completed. Petitioners have undertaken to co-operate with the police for the purpose of further investigation. Maximum punishment for alleged offences is imprisonment for a period of ten years. Under the circumstances, I am of the opinion that prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. 9. Accordingly, the following: ORDER The Criminal Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:18789 CRL.P No. 6683 of 2025 The petitioners are directed to be enlarged on bail in Crime No.143/2025 registered by Nelamangala Rural Police Station, for the offences punishable under Section 25(1A) of the ARMS Act, 1959, subject to the following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each (Rupees One Lakh only) with two sureties each for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE RU, List No.: 1 Sl No.: 63