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2025 DAILYLAW 39895 (KAR)

MR MUSAVIRA PASHA @ ODEYA v. THE STATE OF KARNATAKA

CRL.P/15251/2025 · 2025-12-11

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52481 CRL.P No. 15251 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15251 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: 1. MR. MUSAVIRA PASHA @ ODEYA S/O ABDUL KHUDDUS, AGED ABOUT 32 YEARS, RESIDING AT 2ND CROSS, R.R.NAGAR, MADDUR TOWN, MANDYA DISTRICT - 571 428. 2. MR. MAHAMAD KALEEM @ KAIF, S/O PARVEZ PASHA, AGED ABOUT 22 YEARS, RESIDING AT 4TH CROSS, CHANNEGOWDA LAYOUT, MADDUR TOWN, MANDYA DISTRICT - 571 428. 3. MR. SALMAN KHAN @ SALMAN, S/O AKBAR KHAN, AGED ABOUT 20 YEARS, RESIDING AT 7TH CROSS, R.R.NAGAR, MADDUR TOWN, MANDYA DISTRICT - 571 428. 4. MR. AKBAR ALI KHAN @ AJOOBA, S/O LATE MOHAMMED ALI KHAN, AGED ABOUT 32 YEARS, RESIDING AT 3RD CROSS, CHANNEGOWDA LAYOUT, MADDUR TOWN, MANDYA DISTRICT - 571 428. …PETITIONERS (BY SRI. NAVEED AHMED, ADVOCATE FOR SRI. CHANDPASHA, ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52481 CRL.P No. 15251 of 2025 AND: THE STATE OF KARNATAKA BY MADDUR POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) OF CR.P.C PRAYING TO RELEASE THE PETITIONERS ON BAIL IN CRIME NO.193/2025 REGISTERED BY MADDUR POLICE STATION FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 189(4), 121(2), 132 AND 190, PENDING ON THE II ADDITIONAL JMFC COURT, MADDUR, MANDYA. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused Nos.9, 14, 29 and 39 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.193/2025 of Maddur Police Station registered for offences punishable - 3 - HC-KAR NC: 2025:KHC:52481 CRL.P No. 15251 of 2025 under Sections 189(2), 189(4), 121(2), 132 and 190 of Bharatiya Nyaya Sanhita, 2023. 2. Heard learned counsel for petitioners and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioners would contend that, the other accused have been granted bail by the trial Court. The trial Court has rejected the bail so far as the petitioners are concerned only on the ground that, they were seen in the CCTV footage on the spot at the time of the incident and participated in the crime. The alleged incident has taken place among group of persons who gathered at that time. The petitioners are in judicial custody since last three (3) months. As the charge sheet is filed, they are not required for custodial interrogation. There are no criminal antecedents of the petitioners. With these, he prayed to allow the petition. - 4 - HC-KAR NC: 2025:KHC:52481 CRL.P No. 15251 of 2025 4. Per contra, learned High Court Government Pleader for respondent would contend that, the petitioners have assaulted the Police officials when they were on duty and caused injuries. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for the parties, the Court has perused the FIR, complaint and other materials placed on record. 6. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. The allegation against the petitioners is assault to the Police officials at the time of Ganesh immersion procession. There was a quarrel among the group of persons and in that quarrel, the Police officials have sustained injuries. The petitioners are in judicial custody since last three (3) months and as the charge sheet is filed, they are not required for custodial interrogation. There are no criminal antecedents of the petitioners. - 5 - HC-KAR NC: 2025:KHC:52481 CRL.P No. 15251 of 2025 7. Considering all the above aspects, the petitioners have made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioners are granted bail in Crime No.193/2025 of Maddur Police Station, subject to following conditions: i) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the like-sum to the satisfaction of the trial Court. ii) The petitioners shall not threaten the prosecution witnesses either directly or indirectly. iii) The petitioners shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. - 6 - HC-KAR NC: 2025:KHC:52481 CRL.P No. 15251 of 2025 iv) The petitioners shall not involve in commission of any offence. If the petitioners found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to them. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 11