- 1 - HC-KAR NC: 2025:KHC:23496 CRL.P No. 7053 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7053 OF 2025 (438(Cr.PC) / 482(BNSS) BETWEEN: 1. ARBAZ KHAN @ ARBAJ @ PALLAD, S/O MUZAMMIL KHAN, AGED ABOUT 26 YEARS, R/O MASJID BEEDI, NEXT TO HONDA SHOWROOM, HOLALKERE TOWN, CHITRADURGA DISTRICT-577526. …PETITIONER (BY SRI.MUZAFFAR AHMED, ADVOCATE FOR SRI.IQBAL AHMED KHAN, ADVOCATE) AND: 1. STATE BY HOLALKERE PS., CHITRADURGA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001. …RESPONDENT (BY SMT.WAHEEDA M. M., HCGP) THIS CRL.P. IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CRIME NO.99/2025 REGISTERED BY THE HOLALKERE POLICE STATION FOR THE OFFENSE P/U/S 109(1), 115(2), 118(1), 126(2), 189(2), 191(2), 191(3), AND 352 R/W SECTION 190 OF BNS ACT, 2023 BY ALLOWING THE APPLICATION. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23496 CRL.P No. 7053 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDERg Accused No.1 in Crime No.97/2025 registered by Holalkere Police Station, Chitradurga for the offence punishable under Sections 109(1), 115(2), 118(1), 126(2), 189(2), 190, 191(2), 191(3) and 352 of Bharatiya Nyaya Sanhita, 2023 is before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.97/2025 was registered by Holalkere Police Station, Chitradurga for the aforesaid offences against the petitioner and six others based on the first information dated 31.03.2025 received from Ibrahim son of Sikhandar Bhasha. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.395/2025 before the - 3 - HC-KAR NC: 2025:KHC:23496 CRL.P No. 7053 of 2025 Jurisdictional Sessions Court which was rejected on 22.04.2025. Therefore, petitioner is before this Court. 4. Learned Counsel for the petitioner submits that accused Nos.2 and 4 to 7 have been granted anticipatory bail in the present case and accused No.3 who was arrested in the present case has been granted regular bail. He submits that petitioner has no criminal antecedents and grievous injury suffered by the first informant is as a result of assault made by accused No.3, who was arrested in the present case. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader opposes the petition. 6. Perusal of the material on record would go to show that, in respect of alleged accident that has taken place on 31.03.2025, case and counter case has been registered in Crime No.97/2025 and Crime No.99/2025 by Holalkere Police Station, Chitradurga. It is not in dispute - 4 - HC-KAR NC: 2025:KHC:23496 CRL.P No. 7053 of 2025 that accused Nos.2 and 4 to 7 in the present case have been granted anticipatory bail in the present case and accused No.3 who was arrested has been granted regular bail. In the first information, he has stated that, petitioner herein had tried to assault him with a knife on his neck and when he tried to escape, he suffered an injury on his head as a result of assault made by the petitioner with the knife. 7. Wound certificate of the victim would go to show that injury suffered by the victim on his head is a simply injury. Victim had suffered three injuries in the incident in question and two injuries are certified as simple injuries and one injury which is fracture of nasal bone has been certified as grievous injury. Said injury is not caused as a result of assault made by the petitioner herein. 8. Undisputedly, petitioner has no criminal antecedents. He had undertaken to cooperate with the police for the purpose of investigation and therefore, I am - 5 - HC-KAR NC: 2025:KHC:23496 CRL.P No. 7053 of 2025 of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition 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 registered by Holalkere Police Station, Chitradurga for offences punishable under Sections 109(1), 115(2), 118(2), 126(2), 189(2), 190, 191(2), 191(3) and 352 of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: 1. 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/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the Investigating Officer. - 6 - HC-KAR NC: 2025:KHC:23496 CRL.P No. 7053 of 2025 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. 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. 4. Petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KAV List No.: 1 Sl No.: 42