Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 27759 (KAR)

KHALEEM J v. THE STATE OF KARNATAKA

CRL.P/7638/2025 · 2025-06-19

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:21186 CRL.P No. 7638 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7638 OF 2025 BETWEEN: KHALEEM J, S/O LATE SYED ABDUL JABBAR, AGED ABOUT 55 YEARS, R/AT GAFAR KHAN MOHALLA, SRINIVASAPURA TOWN, SRINIVASAPURA - 563 101, KOLAR DISTRICT. …PETITIONER (BY SRI. A.S. KULKARNI, ADVOCATE) AND: THE STATE OF KARNATAKA BY SRINIVASAPURA POLICE STATION, SRINIVASAPURA - 563 101, KOLAR DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN SRINIVASAPURA P.S. IN CR.NO.93/2025, FOR THE OFFENCES P/U/S 109(1), 118(1), 352 OF THE BNS, 2023, ON THE FILE OF Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21186 CRL.P No. 7638 of 2025 THE LEARNED PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC, SRINIVASAPURA, KOLAR 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 in Crime No.93/2025 registered by Srinivasapura Police Station, Kolar for offences punishable under Sections 109(1), 118(1), 352 of the Bharatiya Nyaya Sanhita, 2023 pending before the Court of Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Srinivasapura, is 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.93/2025 was registered by Srinivasapura Police Station, Kolar against the petitioner herein for the aforesaid offences based on the first information dated 23.03.2025 from one Syed Shoaib Jabbar, aged 26 years, who is the son of the petitioner herein. During the course of - 3 - HC-KAR NC: 2025:KHC:21186 CRL.P No. 7638 of 2025 investigation, the petitioner was arrested on 23.03.2025 and remanded to judicial custody. The bail application filed by the petitioner herein before the jurisdictional Sessions Court in Crl.Misc.No.275/2025 was rejected on 16.04.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that the petitioner is the father of the injured victim Syed Shoaib Jabbar. The victim has stated that the petitioner is addicted to alcohol and after consuming alcohol he is in the habit of abusing and assaulting the family members and therefore the victim and his mother were staying separately. It is further alleged that on 23.03.2025 at about 9.30 p.m., the petitioner came near the house of the victim after consuming alcohol and started abusing the victim and his mother and when the victim objected for the same, petitioner allegedly assaulted him with a knife and as a result, the victim sustained injury on his left neck. Immediately, he has taken to General Hospital, Srinivasapura for treatment. The wound certificate of the victim goes to show that he has suffered one injury i.e., grievous in nature. The petitioner has no criminal antecedents. - 4 - HC-KAR NC: 2025:KHC:21186 CRL.P No. 7638 of 2025 He is in custody from 23.03.2025 onwards. Investigation is already completed. The injured who is the son of the petitioner has already recovered and his condition is said to be stable. 5. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of bail needs to be answered affirmatively. Accordingly, the following :- ORDER The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.93/2025 registered by Srinivasapura Police Station, Kolar for offence punishable under Sections 109(1), 118(1), 352 of the Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: a) Petitioner shall execute 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 - 5 - HC-KAR NC: 2025:KHC:21186 CRL.P No. 7638 of 2025 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. Sd/- (S VISHWAJITH SHETTY) JUDGE SNC List No.: 2 Sl No.: 4 CT: BHK