- 1 - HC-KAR NC: 2025:KHC:36823 CRL.P No. 10436 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10436 OF 2025 BETWEEN: CHAND PASHA S/O. BABU, AGED ABOUT 25 YEARS, RESIDING AT RAJU BUILDING, 1ST FLOOR, 13TH CROSS, KAREEM SAB LAYOUT, HEGGANAHALLI, BENGALURU &PETITIONER (BY SRI. KIRANKUMAR H. K., ADVOCATE) AND: STATE OF KARNATAKA BY SHO, RAJAGOPALNAGAR PS, BENGALURU REPTD.BY GOVT.PLEADER, HIGH COURT BUILDING, BANGALORE-560 001 &RESPONDENT (BY SRI. R. RANGASWAMY., HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.216/2025 FOR ALLEGED OFFENCE P/US/ 109,352 R/W SEC.3(5) OF BNS 2023 PENDING ON THE FILE OF THE 31st ACJM BENGALURU IN THE ABOVE CASE. 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:36823 CRL.P No. 10436 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.1 in Crime No.216/2025 of Rajagopalnagar Police Station, Bengaluru City, registered for the offence Punishable under Section 109, 352 read with Section 3(5) of the BNS, 2023. 3. Petitioner was arrested on 06.06.2025. He is in judicial custody. The learned Sessions Judge has rejected his petition seeking bail, vide order dated 26.06.2025, hence, this petition. 4. It is alleged that on 05.06.2025, at about 03:00 p.m., accused picked up quarrel with one Abrahar @ Petrol and when first informant's son Farhan and one Nadeem questioned them as to why they are fighting, accused Nos.1 and 2 abused them in filthy language, and accused - 3 - HC-KAR NC: 2025:KHC:36823 CRL.P No. 10436 of 2025 No.1 assaulted Farhan on his left hand with a chopper and accused No.2 assaulted on his head with a chopper. Further, accused Nos.3 and 4 assaulted Farhan, and Nadeem with cricket bat etc. and also abused and assaulted Abrahar. 5. Petitioner is arraigned as accused No.1 in the FIR. A perusal of the complaint averments goes to show that a quarrel took place between the accused and one Abrahar @ Petrol, near 13th Cross, Karimsab Layout, Hegganahallihalli, Bengaluru City. Farhan and Nadeem are alleged to have intervened and questioned the accused as to why they are quarrelling, at that time, accused are alleged to have assaulted them. 6. Learned High Court Government Pleader contended that petitioner has inflicted grievous injury to Farhan and therefore, he is not entitled for bail. He contended that if the petitioner is enlarged on bail, he may threaten the prosecution witnesses and thus hamper the case of prosecution. - 4 - HC-KAR NC: 2025:KHC:36823 CRL.P No. 10436 of 2025 7. Learned counsel for petitioner has made available copies of the bail order passed in respect of accused Nos.2, 3 and 4. He submitted that even the petitioner has sustained injuries, but the police have not registered any case on his complaint. He contended that the petitioner is languishing in judicial custody since 06.06.2025, he has no criminal antecedents and he is ready and willing to abide by any conditions. 8. As per the wound certificate pertaining to Farhan, he has sustained two injuries out of which injury No.1 is stated to be simple in nature and injury No.2 is grievous in nature. The said injury is on the left hand at wrist joint, allegedly caused by the petitioner. As per prosecution, the incident took place when he intervened and questioned the accused, on seeing them quarreling with Abrahar. According to learned counsel for petitioner, even the petitioner has sustained certain injuries in the very same incident. - 5 - HC-KAR NC: 2025:KHC:36823 CRL.P No. 10436 of 2025 9. Accused Nos.2 and 4 are granted bail in Crl.P.No.10356/2025 dated 05.08.2025. Accused No.3 was granted bail in Crl.P.No.9341/2025 dated 15.07.2025. Petitioner is in judicial custody since 06.06.2025. Investigation is completed and charge sheet is filed. Petitioner has no criminal antecedents. He has undertaken to furnish adequate surety to ensure his regular presence before the Trial Court. Hence, the following:- ORDER i) Petition is allowed. ii) Petitioner/accused No.1 in Crime No.216/2025 of Rajagopal Nagar Police Station pending S.C.No.1075/2025 before the City Civil and Sessions Judge (CCH-64), Bengaluru City, 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 to the satisfaction of the jurisdictional Court. - 6 - HC-KAR NC: 2025:KHC:36823 CRL.P No. 10436 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 not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on every date of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 31