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2025 DAILYLAW 30463 (KAR)

MD. MUSHARAF AHAMED v. THE STATE OF KARNATAKA

CRL.P/9221/2025 · 2025-07-10

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25337 CRL.P No. 9221 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. 9221 OF 2025 BETWEEN: MD. MUSHARAF AHAMED S/O MUBEEN AHAMED AGED ABOUT 22 YEARS OCC. CARPENTER WORK R/O BEHIND AGASANAKALLU NEAR FATHIMA MASJID CHITRADURGA - 577 501. …PETITIONER (BY SRI P.B. UMESH, ADV., FOR SRI RAVINDRA B. DESHPANDE, ADV.) AND: THE STATE OF KARNATAKA CHITRADURGA TOWN POLICE STATION CHITRADURGA SUB-DIVISION CHITRADURGA - 577 501 (REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001) …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.105/2025 OF CHITRADURGA TOWN P.S, CHITRADURGA SUB-DIVISION, CHITRADURGA (REGISTERED FOR THE O/P/US/ 115(2),109,132 BNS 2023 (CORRESPONDING PROVISIONS SEC. 323,307,353 IPC NOW Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25337 CRL.P No. 9221 of 2025 PENDING ON THE FILE OF PRL.CIVIL JUDGE (JR.DN) AND JMFC COURT, CHITRADURGA) PENDING THE TRAIL. 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 in Crime No.105/2025 registered by Chitradurga Town Police Station, Chitradurga, for the offences punishable under Sections 109, 115(2), 132 of BNS, 2023, is before this Court under Section 483 of BNS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.105/2025 was registered by Chitradurga Town Police Station, Chitradurga, against the petitioner herein for the aforesaid offences based on the first information dated 31.05.2025 received from Nagarajanaik, Police Officer attached to Chitradurga Town Police Station. In the said case, petitioner was arrested on 04.06.2025 and subsequently remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.688/2025 which - 3 - HC-KAR NC: 2025:KHC:25337 CRL.P No. 9221 of 2025 was dismissed on 18.06.2025. Therefore, petitioner is before this Court. 4. Perusal of the material on record would go to show that the petitioner was arrayed as accused in Crime No.104/2025 registered under the provisions of the NDPS Act and the allegation against the petitioner is that when the police attempted to arrest him in the said case, he had assaulted them with deadly weapons and attempted to commit their murder. The submission made by the learned Counsel for the petitioner that in Crime No.104/2025 registered against the petitioner for the offences punishable under the NDPS Act, he has been granted bail, is not disputed by the learned HCGP. 5. So far as the present case is concerned, wound certificate of the victim would go to show that they have not suffered any external injuries on any parts of their body and they had complained before the doctor who had medically examined them about pain in their left shoulder and pain on the right palm. Petitioner is in custody from 04.06.2025. Major portion of the investigation is completed. Considering the aforesaid aspects of the matter, I am of the opinion that petitioner's - 4 - HC-KAR NC: 2025:KHC:25337 CRL.P No. 9221 of 2025 prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.105/2025 registered by Chitradurga Town Police Station, Chitradurga, for the offences punishable under Sections 109, 115(2), 132 of BNS, 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 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; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of - 5 - HC-KAR NC: 2025:KHC:25337 CRL.P No. 9221 of 2025 the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK