- 1 - HC-KAR NC: 2025:KHC:18846 CRL.P No. 7477 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. 7477 OF 2025 BETWEEN: 1. MR. SIKANDER S/O SHOUKATH AGED ABOUT 22 YEARS. 2. MR. MOHIYUDDHIN @SOHAIL @ DANGER C/O SHOUKATH AGED ABOUT 19 YEARS. BOTH ARE RESIDING AT R/A 2ND CROSS, 1ST CROSS TANK MOHALLA, VTC SHIVAMOGGA, PIN - 577 201. …PETITIONERS (BY SRI MALATESH H, ADV.) AND: THE STATE THROUGH THE POLICE INSPECTOR, PAPER TOWN POLICE STATION, BHADRAVATHI SHIVAMOGGA DISTRICT (REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE) - 01. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT AN ORDER OF REGULAR BAIL TO THE PETITIONER IN REJECTION OF THE BAIL PETITION ON 09.05.2025 IN CRL.MISC.NO.5112/2025 BY THE IV ADDL. DISTRICT AND SESSIONS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18846 CRL.P No. 7477 of 2025 JUDGE, SHIVAMOGGA, SITTING AT BADRAVATHI IN CONNECTION WITH CRIME NO.12/2025 OF PAPER TOWN POLICE STATION, BHADRAVATHI, SHIVAMOGGA DISTRICT AND PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DVN.) AND JMFC COURT AT BHADRAVATHI, SHIVAMOGGA DISTRICT, FOR THE OFFENCES P/U/S 132, 12(1), 109(1), 61, 58(b) OF BNS ACT 2023 AND U/S 3 AND 25 1B OF ARMS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.12 & 13 in Crime No.12/2025 registered by Paper Town Police Station, Bhadravathi, Shivamogga District, for the offences punishable under Sections 132, 121(1), 109(1), 61, 58(b) of BNS, 2023, and Section 3, 25(B) of Arms Act, 1959, are before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.12/2025 was registered by Paper Town Police Station, Bhadravathi, Shivamogga District, for the aforesaid offences against Mousin Kureshi and others based on the first information submitted by Nagamma who is the Police Officer attached to Paper Town Police Station, Shivamogga. During the course of investigation, petitioners were arrested on - 3 - HC-KAR NC: 2025:KHC:18846 CRL.P No. 7477 of 2025 23.02.2025 and subsequently remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.5112/2025 was rejected on 09.05.2025. Therefore, they are before this Court. 4. Learned Counsel for the petitioners submits that grounds of arrest has not been served on the petitioners and on the very same ground, accused no.1 has been enlarged on bail in the present case. He submits that the injured have suffered simple injuries in the incident in question. Investigation of the case is completed and charge sheet has been filed. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition, does not dispute the submissions made by the learned Counsel for the petitioners. 6. Perusal of the material on record would go to show that the injured victims in the present case have suffered simple injuries in the incident in question. Petitioners aged about 22 years & 19 years, respectively, are in custody from 23.02.2025 onwards. Investigation of the case is completed and charge - 4 - HC-KAR NC: 2025:KHC:18846 CRL.P No. 7477 of 2025 sheet has been filed. Undisputedly, petitioners have not been served with the grounds of arrest at the time of their arrest. 7. The Hon'ble Supreme Court in the case of PANKAJ BANSAL VS UNION OF INDIA - (2024)7 SCC 576 and in the case of VIHAAN KUMAR VS STATE OF HARYANA AND ANOTHER - 2025 SCC ONLINE SC 269 has held that service of grounds of arrest on the accused at the time of their arrest is mandatory and failure to comply with the said requirement would entitle the accused for bail. 8. The coordinate bench of this Court in Crl.P.No.5036/2025 disposed of on 09.04.2025 has enlarged accused no.1 on regular bail for the reason that grounds of arrest was not served on the said accused in the present case. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners for grant of regular bail requires to be answered affirmatively. Accordingly, the following order: 9. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.12/2025 registered by Paper Town Police Station, Bhadravathi, Shivamogga District, for the - 5 - HC-KAR NC: 2025:KHC:18846 CRL.P No. 7477 of 2025 offences punishable under Sections 132, 121(1), 109(1), 61, 58(b) of BNS, 2023, and Section 3, 25(B) of Arms Act, 1959, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- each 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 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; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK