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2025 DAILYLAW 36117 (KAR)

MOHAMMED SAMEER v. STATE OF KARNATAKA

CRL.P/13346/2024 · 2025-01-16

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:1665 CRL.P No. 13346 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13346 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: MOHAMMED SAMEER, S/O SYED NAVEEDUDDIN, AGED ABOUT 20 YEARS, R/AT NO. 193, 6TH CROSS, R.K. HEGDE NAGAR, SHIVARAM KARANTH NAGAR, BENGALURU - 560 077. …PETITIONER (BY SRI. JAVEED S, ADVOCATE) AND: STATE OF KARNATAKA BY SAMPIGEHALLI POLICE STATION, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND GRANT REGULAR BAIL TO Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:1665 CRL.P No. 13346 of 2024 THE PETITIONER/ACCUSED IN CR.NO.569/2024 SAMPIGEHALLI P.S. DATED 17.10.2024 PENDING BEFORE THE LEARNED XLI A.C.J.M COURT AT BENGALURU FOR THE ALLEGED OFFENCE P/U/S 311, 324(4), 3(5) OF BNS. 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 petitioner, learned Additional SPP for the State and perused the material on record. 2. Petitioner is arrested in connection with Crime No.569/2024 of Sampigehalli Police Station, registered for offence punishable under Sections 311, 324(4) and 3(5) of the BNS, 2023. 3. This petition is preferred under Section 483 of BNSS 2023, praying to enlarge the petitioner on bail. - 3 - NC: 2025:KHC:1665 CRL.P No. 13346 of 2024 4. F.I.R is registered against three unknown persons on a complaint lodged by one Faheen Khan s/o. Usman Khan, wherein he has alleged that on 16.10.2024 at about 11.30 p.m., while he was proceeding to his house, near Bellali cross, accused stopped his vehicle and all of a sudden, assaulted him with hands. One of the accused sprayed pepper spray and stabbed him with a knife on his abdomen and caused bleeding injuries. The accused then snatched his mobile phone and all of them fled away. 5. Petitioner was arrested on 19.10.2024 and he is in judicial custody since then. As per prosecution, the accused who sprayed pepper spray and stabbed the complainant is Accused No.1. Allegations against Accused Nos.2 and 3 are similar. Accused No.3 was enlarged on bail by this Court in Criminal Petition No.12594/2024 vide Order dated 09.01.2025. No criminal antecedents against the petitioner has been brought to the notice of the Court. Petitioner has been arrested and interrogated. He is not required for further interrogation. Hence, the following: - 4 - NC: 2025:KHC:1665 CRL.P No. 13346 of 2024 ORDER Petition is allowed. Petitioner/accused No.2 in Crime No.569/2024 of Sampigehalli Police Station, Bangalore city, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the 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. - 5 - NC: 2025:KHC:1665 CRL.P No. 13346 of 2024 Violation of any of the above conditions shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE BNV List No.: 1 Sl No.: 34 CT: BHK