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2025 DAILYLAW 41456 (KAR)

JAFAR SAIDIQ @ TAKKAL v. STATE OF KARNATAKA

CRL.P/13815/2025 · 2025-10-17

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41462 CRL.P No. 13815 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13815 OF 2025 [439(Cr.PC) / 483(BNSS)] BETWEEN: 1. JAFAR SAIDIQ @ TAKKAL S/O MOHAMMED ALI, AGED ABOUT 30 YEARS, R/AT NO.28, 1ST MAIN ROAD, 5TH CROSS, VALMIKI NAGAR, CHAMARAJAPETE, BENGALURU - 560 018. 2. MUJAHID S/O AYESHA AGED ABOUT 34 YEARS, R/AT NEAR MUTHUMARIYAMM TEMPLE, 2ND PHASE, 10TH CROSS, VALMIKI NAGARA, BENGALURU - 560 026. …PETITIONERS (BY SRI. SHIVANANDA REDDY R V., ADVOCATE) AND: 1. STATE OF KARNATAKA BYATARAYANAPURA PS, BENGALURU CITY REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:41462 CRL.P No. 13815 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CODE OF CRIMINAL PROCEDURE (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THEM ON BAIL IN CRIME NO.283/2025 FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 109(1), 126(2), 189(4), 191(2), 189(2), 351(3), 352, 191(3) READ WITH 190 OF BNS REGISTERED BY BYATARAYANAPURA POLICE STATION PENDING ON THE FILE OF THE XLVI ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU. 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.1 and 6 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in respect of Crime No.283/2025 of Byatarayanapura Police Station, Bengaluru registered for offences punishable under Sections 109(1), 126(2), 189(4), 191(2), 189(2), 351(3), 352, 191(3) read with 190 of Bharatiya Nyaya Sanhita, 2023. - 3 - HC-KAR NC: 2025:KHC:41462 CRL.P No. 13815 of 2025 2. Heard learned counsel for petitioners and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioners would contend that, there is no overtact alleged against the petitioners/accused Nos.1 and 6 of assaulting injured persons. The said accusation of assault is against accused No.4 - Sri. Narasimha and accused No.7- Sri. Manoj. 4. He further submits that, the said accusation of assault is contained in the remand application and it is based on the statement of the second injured - Tousif. The wife of petitioner No.1 is pregnant and he has to take care of her. The petitioners are in judicial custody since 30.08.2025. Therefore, they are not required for further custodial interrogation. With these, he prayed to allow the petition. - 4 - HC-KAR NC: 2025:KHC:41462 CRL.P No. 13815 of 2025 5. Per contra, learned High Court Government Pleader would contend that, the voluntary statement of petitioner No.1/accused No.1 has been recorded wherein there is a specific mention of his wife - accused No.2 making an attempt to kill Tousif by running over her scooter on the said Tousif and cause injury to his legs. There are four cases registered against petitioner No.1/accused No.1. The wound certificate is not yet received and the photograph of the injured Manjunath indicate that, he has sustained injury on his neck and ear and it is a severe injury. The investigation is in progress and if the petitioners are granted bail, they will hamper the investigation and tamper the prosecution witnesses. With these, he prayed for rejection of the petition. 6. Having heard the learned counsels appearing for the parties, this Court has perused the FIR, complaint, remand application and other materials placed on record. 7. On perusal of the FIR filed by one Sri. Narayana A. who is the brother of injured - Sri. Manjunath, a case - 5 - HC-KAR NC: 2025:KHC:41462 CRL.P No. 13815 of 2025 came to be registered against accused Nos.1 and 2 and others in Crime No.283/2025 of Byatarayanapura Police Station, Bengaluru for the aforesaid offences. Except the names of accused Nos.1 and 2, the names of other accused have not been stated in the complaint. On perusal of the said FIR, there is no overtact alleged against accused No.1/petitioner No.1 assaulting the injured persons. On perusal of the remand application, the overtact alleged against accused Nos.4 and 7 of assaulting the injured - Manjunath. The said averment has been made in the said remand application based on the statement of injured Tousif. The petitioners are in judicial custody since 30.08.2025 and therefore, they are not required for further custodial interrogation. 8. Considering all the above aspects, the petitioners have made out a case for grant of bail with conditions. In the result, I pass the following: - 6 - HC-KAR NC: 2025:KHC:41462 CRL.P No. 13815 of 2025 ORDER This Criminal Petition is allowed. The petitioners are granted bail in Crime No.283/2025 of Byatarayanapura Police Station and are ordered to be released on bail, subject to following conditions: i) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Jurisdictional Court. ii) The petitioners shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioners shall cooperate with the Police in investigation and make themselves available for interrogation whenever required. iv) The petitioners shall mark their attendance in the Jurisdictional Police Station on 2nd and 4th Sunday of every month for a period of six months or till the filing of final report whichever is earlier. - 7 - HC-KAR NC: 2025:KHC:41462 CRL.P No. 13815 of 2025 v) The petitioners shall appear before the Trial Court on all the dates of hearing unless exempted by the Court and cooperate for the speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 6