- 1 - NC: 2025:KHC:685 CRL.P No. 12594 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.12594 OF 2024 BETWEEN: 1. SYED SHAMEER S/O SYED SHABIR AGED ABOUT 26 YEARS, R/AT NO 13/F CROSS, NEAR MAMURIA MASJID, PADARAYANAPURA, MYSORE ROAD, BENGALURU CITY 2. AYAZ PASHA S/O IMTIYAZ AGED ABOUT 28 YEARS R/AT NO 48, 13B CROSS, PADARAYANAPURA, GORIPALYA, BENGALURU CITY …PETITIONERS (BY SRI. SRIRAM M, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SHO OF SAMPEGEHALLI P S REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560001 …RESPONDENT (BY SMT.ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE THE PETITIONERS ON BAIL IN CRIME NO.569/2024 REGISTERED BY SAMPEGEHALLI POLICE STATION FOR THE ALLEGED OFFENCE P/US/ 311, 324(4) R/W Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:685 CRL.P No. 12594 of 2024 SEC.3(5) BNS 2023, WHICH IS PENDING ON THE FILE OF THE XLI ACJM AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioners, learned Addl. SPP for the State and perused the material on record. 2. Petitioners are arrested in connection with Crime No.569/2024 of Sampigehalli Police Station registered for offences punishable under Sections 311, 324(4) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. This petition is preferred under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioners on bail. 4. It is alleged by the first informant/injured that on 16.10.2024 at about 11.30 p.m. while he was returning from his sister’s house, three persons stopped his vehicle - 3 - NC: 2025:KHC:685 CRL.P No. 12594 of 2024 and one among them sprayed pepper spray on his face, stabbed him with a knife and snatched a mobile phone and caused damage to his vehicle and fled away. Taking the help of his friend Syed Mohid, he took treatment at Yelahanka Government Hospital as an outpatient and for higher treatment, got admitted at Shrusha Hospital, Yelahanka. 5. Petitioners were arrested on 18.10.2024. A knife has been recovered from accused No.1. The wound certificate issued by Shrusha Hospital, Yelahanka, shows that the injured has sustained a grievous injuries i.e., a stab wound measuring 7cm x 1cm entering abdomen cavity, present over left side, outer part of abdomen. 6. The incident is alleged to have taken place on account of previous ill-will between the accused persons and the first informant. Learned counsel for the petitioners has contended that during interrogation it was revealed that mobile phone was not robbed from the complainant and therefore, the entire allegations are false. - 4 - NC: 2025:KHC:685 CRL.P No. 12594 of 2024 7. Considering the statement of the injured and the wound certificate, at this stage there is a prima facie case against accused No.1. Specific overt-act of stabbing the injured with a knife is alleged against him. Further, he is said to be a rowdy sheeter. Considering that the investigation is still pending, petitioner No.1/accused No.1 is not entitled for bail. However, petitioner No.2/accused No.3 can be enlarged on bail by imposing conditions. Accordingly, the following: ORDER Petition is dismissed insofar as petitioner No.1/accused No.1. Petition is allowed-in-part in respect of petitioner No.2/accused No.3 and he shall be released on bail in Crime No.569/2024 of Sampigehalli Police Station, pending on the file of XLI ACJM at Bangalore, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with - 5 - NC: 2025:KHC:685 CRL.P No. 12594 of 2024 two sureties for the likesum to the satisfaction of jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is any change in address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the Trial Court regularly on all dates of hearing. Violation of any of the above conditions shall result in cancellation of bail. SD/- (MOHAMMAD NAWAZ) JUDGE DR List No.: 1 Sl No.: 15