- 1 - HC-KAR NC: 2025:KHC:28963 CRL.P No. 9808 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9808 OF 2025 BETWEEN: 1. MR. YASIR ARAFATH S/O MOHAMMED SIDDIQUE, AGED ABOUT 27 YEARS, COOLIE WORK, R/O 12TH CROSS, RIGHT SIDE, SULEBAILU, SHIVAMOGGA-577 201. 2. ABUDH KHAN @ KADEKAL ABIDH S/O MUNAVAR KHAN, AGED ABOUT 40 YEARS, COOLIE WORK, R/O KADEKAL, SHIVAMOGGA-577 201. …PETITIONERS (BY SRI. MALATESH H., ADVOCATE) AND: THE STATE THROUGH THE POLICE INSPECTOR, PAPER TOWN POLICE STATION, BHADRAVATHI, SHIVAMOGGA DISTRICT, (REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-01. …RESPONDENT (BY SRI. K. NAGESWARAPPA, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28963 CRL.P No. 9808 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT AN ORDER OF REGULAR BAIL TO THE PETITIONER, IN REJECTION OF THE BAIL PETITION ON 26.06.2025 IN CRL.MISC.NO.5160/2025 BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, SITTING AT BHADRAVATHI, IN CONNECTION WITH CRIME NO.12/2025, OF PAPER TOWN POLICE STATION, BHADRAVATHI, SHIVAMOGGA DISTRICT AND PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DVN) AND JMFC COURT AT BHADRAVATHI, SHIVAMOGGA DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 132, 121(1), 109(1), 61, 58(b) OF BNS 2023 AND UNDER SECTION 3 AND 25 1B OF ARMS ACT. 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 and the learned High Court Government Pleader for respondent/State and perused the material on record. 2. The present petition is filed under Section 483 of BNSS, 2023 to enlarge the petitioners on bail. 3. Complaint is lodged by the Police Inspector of Paper Town Police Station, Shivamogga, based on which, case was registered in Cr.No.12/2025. - 3 - HC-KAR NC: 2025:KHC:28963 CRL.P No. 9808 of 2025 4. Charge sheet is filed against accused Nos.1 to 14 for offences punishable under Section 132, 121(1), 109(1), 61, 58(b) of BNS, 2023 and Section 3 and 25(1B) of the Arms Act, 1959. 5. Petitioners are arraigned as accused Nos.5 and 7 respectively in the charge sheet. 6. It is alleged that on 22.2.2025 at about 11 a.m., the complainant had sent a Head Constable for patrolling duty, who informed him that about 10-15 persons have assembled on the road leading to Old Hiriyur village with an intention to commit murder of some person. Immediately, the complainant along with his staff and panchas went to the spot and apprehended seven accused persons and from their possession longs, dagger, chilli powder, jerkin and two wheeler were recovered. 7. According to prosecution, petitioners along with other accused persons had assembled near Amala Matha Hospital, Old Hiriyur, Mud road, Hiriyur, making preparation to commit an offence. - 4 - HC-KAR NC: 2025:KHC:28963 CRL.P No. 9808 of 2025 8. Learned HCGP has contended that mobile phones are recovered from the petitioners and they are habitual offenders and if they are enlarged on bail, once again they would involve in committing similar offence. 9. According to prosecution, all the accused had assembled at the spot to commit some offence and from their possession weapons, chilli powder etc., are recovered. 10. Learned counsel for the petitioners contended that accused Nos.1, 12 and 13 are already enlarged on bail by this Court in Crl.P.No.5036/2025 and Crl.P.No.7477/2025. 11. Petitioner/accused No.5 was arrested on 23.2.2025 and petitioner/accused No.7 was arrested on 26.3.2025. The petitioners are in custody from the date of arrest. 12. Investigation is completed and the charge sheet is already filed. The allegations against the petitioners have to be established during trial. Accused Nos.1, 12 and 13 are on bail. Petitioners have undertaken to offer sufficient surety for their regular presence before the trial Court. Hence, by imposing - 5 - HC-KAR NC: 2025:KHC:28963 CRL.P No. 9808 of 2025 conditions, the petitioners can be released on bail. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioners/accused Nos.5 and 7 shall be enlarged on bail in Cr.No.12/2025 of Paper Town Police Station, Bhadravathi, Shivamogga District, subject to following conditions: a) They shall execute personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each, with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) They shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) They shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - HC-KAR NC: 2025:KHC:28963 CRL.P No. 9808 of 2025 d) They shall not involve in similar offences in future; e) They shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 36