Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:18434 CRL.P No. 7507 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 7507 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN:
MR. MOHAMMED BHAVA AGED 62 YEARS, SON OF HUSSAIN, R/AT RIZWANAMANZIL, DARGAROAD, KARNAD MULKI D.K.DISTRICT-574154 PRESENTLY IN JUDICIAL CUSTODY IN MANGALORE JAIL IN CONNECTION WITH S.C NO.47/2021 …PETITIONER (BY SRI. P.P.HEGDE SENIOR ADVOCATE FOR SRI. SAKSHA BHAGAVAN.,ADVOCATE)
AND:
THE STATE OF KARNATAKA THROUGH THE SUB INSPECTOR OF POLICE, MULKI POLICE STATION, DAKSHINA KANNADA REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-01 …RESPONDENT (BY SRI.RAJATH SUBRAMANYAM., HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT REGULAR BAIL TO THE PETITIONER / ACCUSED NO.6 IN CONNECTION WITH S.C.NO.47/2021 (ARISING FROM CR.NO.38/2020 OF MULKI P.S) PENDING ON THE FILE OF VI ADDL.DISTRICT AND SESSIONS JUDGE D.K MANGALURU FOR THE OFFENCES ALLEGED UNDER
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:18434 CRL.P No. 7507 of 2025
SEC.143,147,148,114,109,120B,341,307,302 R/W/S 149 OF IPC, 1860, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court, seeking for the following reliefs:
"WHEREFORE, it is prayed that this Hon'ble Court may kindly be pleased to grant regular bail to the petitioner / Accused No.6 in connection with S.C.No.47/2021 (arising from Crime No.38/2020 of Mulki P.S) pending on the file of VI Addl. District and Sessions Judge, D.K.Mangalore for the offences alleged under Sections 143, 147, 148, 114, 109, 120B, 341, 307, 302 read with Section 149 of Indian Penal Code, 1860, in the interest of justice and equity.
2. The petitioner had earlier filed an application for bail in Crl.P.No.4419/2023 which came to dismissed on
08.11.2023.
3. The submission of Sri P.P.Hegde, learned Senior Counsel is that subsequent thereto an application is filed by accused No.1 in Crl.P.No.12761/2024 and the same came to be allowed vide order dated 29.04.2025.
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HC-KAR NC: 2025:KHC:18434 CRL.P No. 7507 of 2025
4. Taking into account that the material witnesses have been examined and there cannot be any apprehension that the petitioner is likely to tamper with the said material charge sheet witnesses, the very same
reasoning in Crl.P.No.12761/2024 would be equally applicable to the petitioner herein who is accused No.6 in the said case.
5. Taking into consideration the order passed by the Co-ordinate Bench of this Court dated 29.04.2025 in Crl.P.No.12761/2024, on parity, the petitioner would also be entitled to the very same order.
6. Hence, I pass following:
ORDER
The petition is allowed.
The petitioner is directed to be enlarged on bail in S.C.No.47/2021 pending before VI Additional District and Sessions Judge, D.K.Mangaluru arising out of Crime No.38/2020 registered by Mulki Police Station, for the offence punishable under Sections 143, 147, 148, 341, 114, 109, 120(B), 307, 302 read with Section 149 of IPC, subject to the following conditions:
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HC-KAR NC: 2025:KHC:18434 CRL.P No. 7507 of 2025
a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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 temper 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. f) The petitioner shall furnish his mobile number, WhatsApp number, E-mail ID(if available), to enable him to be contacted. He is directed not to change any of the above until completion of trial.
SD/- (SURAJ GOVINDARAJ) JUDGE
CPN List No.: 2 Sl No.: 55