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2025 DAILYLAW 29597 (KAR)

MOHAMMED JAFFAR v. STATE BY YALAHANKA PS

CRL.P/8606/2025 · 2025-07-09

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25019 CRL.P No. 8606 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8606 OF 2025 BETWEEN: 1. MOHAMMED JAFFAR S/O BASHA SAHEB P AGED ABOUT 44 YEARS RESIDING AT NO.26, 1ST MAINROAD, MADEENA PROVISION STORE, VENKATALA MARUTHINAGAR YALAHANKA, BENGALURU - 560 064. 2. MOHAMMED SAMIULLA B S/O BASHU SHA P AGED ABOUT 34 YEARS RESIDING AT NO.26, 1ST MAIN ROAD, MADEENA PROVISION STORE VENKATALA MARUTHINAGAR YALAHANKA, BENGALURU NORTH BENGALURU - 560 064. …PETITIONERS (BY SRI NAUSHAD PASHA, ADV.) AND: STATE BY YALAHANKA P.S BENGALURU 560 064 REP BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI RASHMI PATEL, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25019 CRL.P No. 8606 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON REGULAR BAIL IN CR.NO.179/2025, FOR THE ALLEGED U/S 126(2), 115(2), 118(2), 109(1), 352, 351(3), 3(5) OF THE BNS 2023 ACT, OF YELAHANKA P.S, BENGALURU PENDING ON THE FILE OF THE VII ACJM, COURT AT BANGALORE. 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.1 and 2 in Crime No.179/2025 registered by Yelahanka Police Station, Bengaluru, for the offences punishable under Sections 126(2), 115(2), 118(1), 118(2), 109(1), 351(3), 352 and 3(5) of BNS, 2023, 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.179/2025 was registered by Yelahanka Police Station, Bengaluru, for the aforesaid offences against petitioners and two others based on the first information dated 27.05.2025 received from Mohammed Ujair, who is one of the injured victim in the present case. During the course of investigation of the case, petitioners herein were arrested on 31.05.2025 and subsequently, remanded to judicial custody. - 3 - HC-KAR NC: 2025:KHC:25019 CRL.P No. 8606 of 2025 Bail application filed by them before the jurisdictional Sessions Court in Crl.Misc.No.4682/2025 was rejected on 16.06.2025. Therefore, they are before this Court. 4. Petitioners and the first informant are brothers. Perusal of the material on record would go to show that there is a civil dispute between the parties and allegation in the first information is that after the death of father of the petitioners and the first informant, petitioners allegedly had created the Gift Deed in their name in respect of the family properties. It is in this background on the alleged date of incident, there was a quarrel between the parties and in the said incident, accused Nos.1 and 2 allegedly assaulted the first informant and his son. The allegation of assaulting the first informant and his son with deadly weapons is only as against accused No.1 and insofar as accused No.2 is concerned, he allegedly had assaulted first informant and his son with his hands and legs. In the said incident, first informant has suffered three injuries and out of the same, two injuries are certified as simple in nature and third injury is certified as grievous injury. First informant, who was admitted in the Hospital has been discharged and his - 4 - HC-KAR NC: 2025:KHC:25019 CRL.P No. 8606 of 2025 condition is said to be stable. Son of the first informant has suffered only simple injuries. Undisputedly, petitioners have no other criminal antecedents. Major portion of the investigation in the case is completed. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 5. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.179/2025 registered by Yelahanka Police Station, Bengaluru, for the offences punishable under Sections 126(2), 115(2), 118(1), 118(2), 109(1), 351(3), 352 and 3(5) of BNS, 2023, subject to the following conditions: a) Petitioners shall execute a 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 petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; - 5 - HC-KAR NC: 2025:KHC:25019 CRL.P No. 8606 of 2025 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 DN