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2025 DAILYLAW 29333 (KAR)

AFTAB @ AFU v. STATE BY

CRL.P/8370/2025 · 2025-07-11

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25517 CRL.P No. 8370 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8370 OF 2025 BETWEEN: AFTAB @ AFU S/O LATE MEHABOOB PASHA AGED ABOUT 21 YEARS R/AT NO.17, KUSUMA’S RENTED HOUSE 6TH A CROSS BESIDE TIRUMALA BAKERY KANAKANAGARA HEBBALA BENGALURU – 560 024 …PETITIONER (BY SRI GIREESHA R.J, ADVOCATE) AND: STATE BY HEBBALA POLICE STATION BENGALURU – 560 024 REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU 560 001 …RESPONDENT (BY SMT RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.70/2025 FOR THE OFFENCES P/U/S 115(2), 118(2), 324(4), 352 R/W 3(5) OF BNS 2023 AND SECTION 25(1B)(b) ARMS ACT REGISTERED BY THE HEBBALA POLICE STATION, BENGALURU NOW PENDING ON THE FILE OF HONBLE 8TH ADDL.CMM, BENGALURU. Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25517 CRL.P No. 8370 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 ORDER Accused in Cr.No.70/2025, registered by Hebbal Police Station, Bengaluru for the offences punishable under Sections 115 (2), 118 (2), 324 (4), 352 r/w Section 3 (5) of Bharatiya Nyaya Sanhita (for short ‘BNS’), 2023, is before this Court in this petition filed under Section 483 of BNSS 2023 seeking regular bail. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent. 3. Learned counsel for the petitioner submits that the injured victim has suffered only simple injury in the incident in question. Accused No.2 and 3 having similar allegations, found in the first information, have been granted regular bail by this Court in Crl.P.No.7719/2025. Accordingly, prays to allow the petition. 4. Per contra, learned High Court Government Pleader has opposed the petition does not dispute the submission made by learned counsel for the petitioner. She however brings to - 3 - HC-KAR NC: 2025:KHC:25517 CRL.P No. 8370 of 2025 the notice of this Court that petitioner is a person having criminal antecedents. 5. Perusal of the material on record would go to show that accused and his friends allegedly had created nuisance in the area of first informant – Azeem. In that regard, Mohammad Nawaz, friend of first informant questioned the accused. On 29.04.2025 at about 4.00 p.m., when the first informant along his friend Mohammad Nawaz were near the bike garage, accused quarreled with them and in the alleged incident, injured/victim Azeem had suffered injury which is certified as simple injury in his wound certificate. Accused No.2 and 3 have been granted regular bail by this Court in Crl.P.No.7719/2025, disposed of on 17.06.2025. Petitioner is in custody in the present case from 02.05.2025. Under circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions: 6. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. - 4 - HC-KAR NC: 2025:KHC:25517 CRL.P No. 8370 of 2025 (ii) The petitioner is directed to be enlarged on bail in Cr.No.70/2025, registered by Hebbal Police Station, Bengaluru for the offences punishable under Sections 115 (2), 118 (2), 324 (4), 352 r/w Section 3 (5) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: a) Petitioner 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 jurisdictional Court; b) 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) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioner shall not involve in similar offences in future; e) 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. - 5 - HC-KAR NC: 2025:KHC:25517 CRL.P No. 8370 of 2025 f) Petitioner shall mark his attendance before the Station House Officer, Hebbal Police Station, Bengaluru on every first Sunday of the month, between 10.00 a.m., and 1.00 p.m., till the investigation of the case is completed and charge sheet is filed. Sd/- (S VISHWAJITH SHETTY) JUDGE MR