Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 29913 (KAR)

SALAMAN AHAMAD v. STATE OF KARNATAKA

CRL.P/8749/2025 · 2025-07-10

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:25311 CRL.P No. 8749 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8749 OF 2025 BETWEEN: 1. SALAMAN AHAMAD S/O AASIF AHAMAD AGED ABOUT 32 YEARS R/AT NO.2411, 5TH CROSS GANDHI NAGARA, MANDYA - 571 401. 2. MANNAN SHARIF S/O KHALEEM SHARIF AGED ABOUT 26 YEARS R/AT NO.131, 2ND STAGE HOUSING BOARD, MANDYA NOW RESIDING AT 6TH CROSS GANDHI NAGAR, MANDYA. 3. RANJITH S/O MANJUNATHA AGED ABOUT 35 YEARS R/O 9TH CROSS GANDHI NAGAR MANDYA - 571 401. 4. RAMEEZ AHAMMED S/O AASIF AHAMAD AGED ABOUT 30 YEARS R/AT NO.2411, 5TH CROSS GANDHI NAGARA, MANDYA - 571 401. …PETITIONERS (BY SRI H. PAVANA CHANDRA SHETTY, ADV.) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25311 CRL.P No. 8749 of 2025 AND: STATE OF KARNATAKA BY ITS MANDYA WEST POLICE STATION REP BY HIGH COURT SPP BENGALURU - 560 001. …RESPONDENT (BY SMT. ASMA KAUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT THE RELIEF OF ANTICIPATORY BAIL. DIRECT THE RESPONDENT MANDYA WEST POLICE STATION TO RELEASE THE PETITIONERS IN THE EVENT OF THEIR ARREST IN CONNECTION WITH CRIME NO.0083/2025, FOR THE OFFENCE P/U/S. 126(2), 189(3), 352, 109, 351(2), 190 OF BNS, 2023 WITH OR WITHOUT CONDITIONS THAT THIS HONBLE COURT DEEMS UNDER FACTS AND CIRCUMSTANCES OF THE CASE 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 to 4 in Crime No.83/2025 registered by Mandya West Police Station, Mandya, for the offences punishable under Sections 126(2), 189(3), 352, 109, 351(2) and 190 of BNS, 2023, are before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. - 3 - HC-KAR NC: 2025:KHC:25311 CRL.P No. 8749 of 2025 3. FIR in Crime No.83/2025 was registered by Mandya West Police Station, Mandya, for the aforesaid offences against petitioners herein and others based on the first information dated 05.06.2025 received from Mir Misbah Hussain, who is one of the injured victims in the present case. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.461/2025 before the jurisdictional Sessions Court at Mandya, which was rejected on 20.06.2025. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that FIR in Crime No.29/2025 was registered by Mandya West Police Station, Mandya, against Mujasim and others based on the first information dated 21.02.2025 received from Manan Sharif, who is arraigned as accused No.2 in the present case. It appears that incident in question has taken place in the background of the dispute between the parties after registration of FIR in Crime No.29/2025. In the alleged incident that had taken place on the intervening night of 04.06.2025 and 05.06.2025, accused Nos.1 to 4 allegedly has assaulted the first informant and another and it is under these circumstances, FIR was registered against Salman Ahamad and others. - 4 - HC-KAR NC: 2025:KHC:25311 CRL.P No. 8749 of 2025 5. Learned Addl. SPP has made available to the Court the Wound Certificate of the injured victim in the present case. A perusal of the same would go to show that injured victim has suffered simple injuries in the incident in question. Learned Addl. SPP has also brought to the notice of this Court that accused persons are persons with criminal antecedents. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following order:- 6. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.83/2025 registered by Mandya West Police Station, Mandya, for the offences punishable under Sections 126(2), 189(3), 352, 109, 351(2) and 190 of BNS, 2023, subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall - 5 - HC-KAR NC: 2025:KHC:25311 CRL.P No. 8749 of 2025 execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. 5. The petitioners are directed to appear before the Station House Officer, Mandya West Police Station, Mandya, on second Sunday of every month between 10.00 a.m. and 01.00 p.m. and mark their attendance, till investigation is completed and charge sheet is filed in the present case. Sd/- (S VISHWAJITH SHETTY) JUDGE DN