- 1 - HC-KAR NC: 2025:KHC:18649 CRL.P No. 6907 of 2025 C/W CRL.P No. 6909 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6907 OF 2025 C/W CRIMINAL PETITION NO. 6909 OF 2025 IN CRL.P No. 6907/2025 BETWEEN: SALMAN PASHA, S/O FAYAZ AHAMED, AGED ABOUT 29 YEARS, R/O 6TH CROSS, JANATHA COLONY, REHAMATH NAGARA, MARALURU DINNE, TUMAKURU - 572 105. …PETITIONER (BY SRI. PAVAN KUMAR G, ADVOCATE) AND: STATE OF KARNATAKA BY JAYANAGARA P.S., REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.78/2025 OF JAYANAGARA P.S ON THE FILE OF THE IV Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18649 CRL.P No. 6907 of 2025 C/W CRL.P No. 6909 of 2025 ADDL. CJ(JD) AND 5TH JMFC, TUMKUR FOR THE OFFENCES P/U/S 109, 115(2), 118(1), 3(5), 351(2), 352 OF BNS, 2023. IN CRL.P NO. 6909/2025 BETWEEN: FARMAN PASHA, S/O FAYAZ AHAMED, AGED ABOUT 28 YEARS, R/O 6TH CROSS, JANATHA COLONY, REHAMATH NAGARA, MARALURU DINNE, TUMAKURU - 572 105 ...PETITIONER (BY SRI. PAVAN KUMAR G, ADVOCATE) AND: STATE OF KARNATAKA BY JAYANAGARA P.S REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001. ...RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL AND TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF ARREST IN CR.NO.78/025 OF JAYANAGARA P.S. ON THE FILE OF THE IV ADDL. CJ(JD) AND 5TH JMFC, TUMKUR FOR THE OFFENCES P/U/S 109, 115(2), 118(1), 3(5), 351(2), 352 - 3 - HC-KAR NC: 2025:KHC:18649 CRL.P No. 6907 of 2025 C/W CRL.P No. 6909 of 2025 OF BNS, 2023. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY COMMON ORAL ORDER 1. Accused Nos.1 and 2 in Crime No.78/2025 registered by Jayanagara Police Station, Tumakuru, for offences punishable under Sections 109, 115(2), 118(1), 3(5), 351(2), 352 of BNS, 2023, are before this Court in these two petitions filed under Sections 483 and 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail and anticipatory bail respectively. 2. Heard the learned counsel for the parties. 3. First Information Report in Crime No.78/2025 was registered by Jayanagara Police Station, Tumakuru, for the aforesaid offences against the petitioners herein and others, based on the first information dated 15.04.2025 - 4 - HC-KAR NC: 2025:KHC:18649 CRL.P No. 6907 of 2025 C/W CRL.P No. 6909 of 2025 received from Abdul Khadeer, S/o. Shabbir Ahamad, who is one of the injured victim in the present case. During the course of investigation accused No.1 was arrested on 17.04.2025 and his regular bail application filed before the jurisdictional Sessions Court in Crl.Mis.No.563/2025 was rejected on 28.04.2025. Therefore, he is before this Court in Criminal Petition No.6907/2025. Apprehending arrest in the case accused No.2 had filed Crl.Mis.No564/2025 before the jurisdictional Sessions Court, which was rejected on 28.04.2025, therefore, he is before this Court in Criminal Petition No.6909/2025. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that the first informant as well as his Uncle Iqbal Ahamad have suffered only simple injuries in the incident in question. Petitioners do not have any criminal antecedents. The alleged incident in question had taken place on a petty issue after the parties had quarreled against each other. He accordingly prays to allow the petition. - 5 - HC-KAR NC: 2025:KHC:18649 CRL.P No. 6907 of 2025 C/W CRL.P No. 6909 of 2025 5. Per contra, learned HCGP who had opposed the petition fairly submits that Iqbal Ahamad has suffered simple injuries in the incident in question, though in the FIR it is stated that he had suffered grievous injury. He however, opposes the petition on the ground that investigation of the case is under progress. 6. A perusal of the FIR would go to show that the accused persons, first informant and his family members are all residing in the same neighbour hood and the incident in question had taken place on 15.04.2025 after the parties had fought against each other, for the reason that mother of accused No.1 had plucked the water pipe line. In the alleged incident that had taken place subsequently accused No.1 had allegedly assaulted Iqbal Ahamad, who is the uncle of the first informant with an iron rod on his head and when the first informant tried to interfere, accused No.2 allegedly assaulted him with the very same iron rod. Undisputedly the first informant and - 6 - HC-KAR NC: 2025:KHC:18649 CRL.P No. 6907 of 2025 C/W CRL.P No. 6909 of 2025 his uncle have suffered only simple injuries in the incident in question. Accused No.1 who is arrested in the present case is in custody from 17.04.2025. The weapon which was used for the purpose of assaulting the first informant and his uncle has been already seized and major portion of the investigation is completed. It is also not in dispute that accused Nos.1 and 2 have no other criminal antecedents. Considering the aforesaid aspects of the matter and the background in which the alleged incident has taken place, I am of the opinion, that the prayer made by the petitioners for regular bail and anticipatory bail needs to be answered in the affirmative. Accordingly the following :- ORDER 7. Criminal petition No.6907/2025 is allowed. The petitioner is directed to be enlarged on bail in Crime No.78/2025 of Jayanagara Police Station, Tumkur registered for the offences punishable under Sections 109, - 7 - HC-KAR NC: 2025:KHC:18649 CRL.P No. 6907 of 2025 C/W CRL.P No. 6909 of 2025 115(2), 118(1), 3(5), 351(2), 352 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) 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; 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. - 8 - HC-KAR NC: 2025:KHC:18649 CRL.P No. 6907 of 2025 C/W CRL.P No. 6909 of 2025 8. Criminal petition No.6909/2023 is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.78/2025 registered by Jayanagara Police Station, Tumkur, for the offences punishable under Sections 109, 115(2), 118(1), 3(5), 351(2), 352 of BNS, 2023, subject to the following conditions: a. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/-(One lakh only) with two sureties for the likesum to the satisfaction of the investigating officer. b. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 9 - HC-KAR NC: 2025:KHC:18649 CRL.P No. 6907 of 2025 C/W CRL.P No. 6909 of 2025 c. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. d. The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NG List No.: 1 Sl No.: 57 CT: BHK