- 1 - HC-KAR NC: 2025:KHC:35793 CRL.P No. 5467 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 5467 OF 2025 BETWEEN: HABIBULLA @ HAMMU S/O ABDUL SHABBIR AGED ABOUT 31 YEARS OCCUPATION: COOLIE R/O 2ND CROSS, MADARIPALYA, SHIVAMOGGA - 577 201 &PETITIONER (BY SRI. VEERANNA G. TIGADI, ADVOCATE) AND: STATE OF KARNATAKA BY TUNGANAGARA P S REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001 &RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P. IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.3 ON REGULAR BAIL IN C.C NO.174/2025 ON THE FILE OF THE HONBLE V ADDITIONAL CIVIL JUDGE AND JMFC AT SHIVAMOGGA REGISTERED BY THE TUNGANAGARA POLICE IN CRIME NO.438/2024 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 109, 111(2)(B), 111(4), 308(4), 61(2), 190 OF THE BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35793 CRL.P No. 5467 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. Petitioner is arraigned as accused No.3 in the charge sheet filed by Tunganagar Police Station, Shivamogga, in their police station crime No.438/2024. 3. FIR is registered on the basis of a complaint lodged by one Naseer Khan son of Ahammed Khan, against two unknown persons, for the offence punishable under Section 109, 3(5) of BNS, 2023. 4. It is alleged in the complaint that on 13.09.2024 at about 08:15 p.m., when the complainant was returning from the Mosque, near Dadu garage, Madaripalyapalya, two persons came on a motorcycle, armed with dangerous weapons and assaulted him on his - 3 - HC-KAR NC: 2025:KHC:35793 CRL.P No. 5467 of 2025 back, with an intention to commit his murder and fled the scene on the motorcycle. 5. Charge sheet is filed against accused Nos.1 to 7 for the offence punishable under Section 109, 111(2)(b), 111(4), 308(4), 61(2) and 190 of BNS, 2023. 6. It is the case of prosecution that accused No.1, an under trial prisoner, while lodged in the prison, with help of his associates, had hatched a plan to extract money from CWs.1 and 2. In order to execute their plan, accused committed theft of two wheelers and on 13.09.2024, at about 08:30 p.m., when the complainant-CW.1, Naseer Khan, was proceeding near Dadu garage, Madaripalya, accused Nos.2 and 4, who were following him in their motorcycle, attacked him with a long and attempted to commit his murder. 7. Learned High Court Government Pleader has contended that against accused No.1, many criminal cases are registered and the petitioner is one of his associates. - 4 - HC-KAR NC: 2025:KHC:35793 CRL.P No. 5467 of 2025 He contended that even against the petitioner, there are criminal cases registered and he is a rowdy sheeter in Tunganagar Police Station. He contended that when the police tried to apprehend the petitioner, he tried to attack them and therefore, the police were constrained to use force and arrest him and in the process, petitioner sustained bullet injuries to his leg. He submitted that in that connection, a seperate case is registered against the petitioner in Crime No.469/2024 at Tunganagar Police Station. 8. A perusal of the charge sheet goes to show that, allegations against the petitioner is that, he being one of the associates of accused No.1, conspired with other accused to commit the murder of CW.1, as instructed by accused No.1 and went with accused Nos.2, 4 and 5 in order to execute the plan. However, as per prosecution, it was accused Nos.2 and 4 who went to the spot on a motorcycle and assaulted the complainant. Even FIR is registered against two unknown persons. It is not - 5 - HC-KAR NC: 2025:KHC:35793 CRL.P No. 5467 of 2025 stated in the FIR that there were others present at the spot, when the incident took place. 9. Learned counsel for petitioner submitted that as per wound certificate, only one simple injury is sustained by the complainant. He submitted that the petitioner was arrested on 07.10.2024 and he is in judicial custody since then. 10. Considering the above facts and circumstances, petitioner who is in judicial custody from 07.10.2024, can be released on bail by imposing conditions. Accordingly, the following:- i) Petition is allowed. ii) Petitioner / accused No.3 in Crime No.438/20234 of Tunganagar Police Station, Shivamogga, shall be enlarged on bail subject to following conditions: 1. He shall execute a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum. - 6 - HC-KAR NC: 2025:KHC:35793 CRL.P No. 5467 of 2025 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall mark his attendance at Tunganagar Police Station, Shivamogga, on 1st and 15th of every month between 10:00 a.m and 01:00 p.m, for a period of six months. 4. He shall not directly or indirectly tamper with the prosecution witnesses. 5. He shall not indulge himself in committing any offence. 6. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 57: