- 1 - HC-KAR NC: 2025:KHC:30367 CRL.P No. 10356 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10356 OF 2025 BETWEEN: 1. SALEEM S/O. BABU, AGED ABOUT 25 YEARS, RESIDING AT RAJU BUILDING, 1ST FLOOR, 13TH CROSS, KAREEM SAB LAYOUT, HEGGANAHALLI, BENGALURU-560 091. 2. AHAMMED S/O. BABU. AGED ABOUT 25 YEARS, RESIDING AT RAJU BUILDING, 1ST FLOOR, 13TH CROSS, KAREEM SAB LAYOUT, HEGGANAHALLI, BENGALURU-560 091. …PETITIONERS (BY SRI. KIRANKUMAR, ADVOCATE) AND: STATE OF KARNATAKA BY SHO, RAJAGOPALNAGAR PS, BENGALURU, REPTD. BY SPP, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30367 CRL.P No. 10356 of 2025 (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C (FILED U/S.483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.216/2025 FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 109, 352 R/W 3(5) OF B.N.S. 2023 PENDING ON THE FILE OF 31ST ADDL. CHIEF JUDICIAL MAGISTRATE, 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 High Court Government Pleader for the State and perused the material on record. 2. Petitioners are arraigned as accused Nos.2 and 4 in Cr.No.216/2025 of Rajagopal Nagar Police Station, Bengaluru City, registered for offence punishable under Section 109, 352 r/w 3(5) of BNS, 2023. They have preferred this petition to enlarge them on regular bail. 3. It is alleged that on 5.6.2025 at about 3.00 p.m., the accused have picked up quarrel with one - 3 - HC-KAR NC: 2025:KHC:30367 CRL.P No. 10356 of 2025 Abrahar @ Petrol and when the complainant-Sayed Dilwar and his son Farhan questioned them as to why they are fighting, accused Nos.1 and 2 abused them in filthy language, accused No.1 assaulted Farhan on his left hand by chopper and accused No.2 assaulted on his head by chopper. Further, accused Nos.3 and 4 also assaulted with cricket bat and tools on Farhan and the complainant etc. 4. Learned High Court Government Pleader has contended that the weapons used in the commission of the offence are recovered at the instance of the accused and in view of the statement of the injured witness, there is a prima facie case against the petitioners and if they are enlarged on bail they will tamper with the prosecution witnesses and flee from justice. 5. Wound certificate of the injured Farhan made available by the learned High Court Government Pleader goes to show that he has sustained two injuries as under: - 4 - HC-KAR NC: 2025:KHC:30367 CRL.P No. 10356 of 2025 i. Deep CLW 6x1 cm o left parietal region of scalp; ii. Near auto amputation of left hand at wrist joint with obvious multiple flexor and exterior tender injury with nerve and vascular injury. 6. According to prosecution, accused No.1 assaulted Farhan with a chopper on his left hand, accused No.2 assaulted with a chopper on his head and accused Nos.3 and 4 assaulted with bat and tools. Injury No.1 mentioned in the wound certificate is stated to be simple in nature and injury No.2 is grievous in nature. 7. On perusal of complaint averments, injury No.2 is caused by accused No.1-Chand Pasha. The injury allegedly caused by accused No.2-Saleem is simple in nature. Overt acts of accused Nos.3 and 4 are similar. Accused No.3 has been granted bail by this Court in Crl.P.No.9341/2025. Hence, petitioners/accused Nos.2 and 4, who are already arrested and in custody since - 5 - HC-KAR NC: 2025:KHC:30367 CRL.P No. 10356 of 2025 6.6.2025 can be enlarged on bail, subject to stringent conditions. Accordingly, the following: ORDER I. Petition is allowed. II. Petitioners/accused Nos.2 and 4 in Crime No.216/2025 of Rajagopal Nagar Police Station, Bengaluru City, pending on the file of the Court of XXXI ACMM, Bengaluru City, shall be enlarged on bail, subject to following conditions: 1. They shall execute a 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. 2. They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. 3. They shall not directly or indirectly tamper with the prosecution witnesses. - 6 - HC-KAR NC: 2025:KHC:30367 CRL.P No. 10356 of 2025 4. They shall be available for investigation as and when required. 5. They shall not indulge themselves in committing any offence. 6. They shall appear before the trial Court regularly on all dates of hearing. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 55