Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 53178 (KAR)

JAANU ALIAS JAVEED S/O. MASTAN v. THE STATE OF KARNATAKA

CRL.P/101628/2025 · 2025-05-08

G Basavaraja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:7172 CRL.P No. 101628 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF MAY 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO.101628 OF 2025 (439(Cr.PC)/483(BNSS) BETWEEN: 1. JAANU @ JAVEED S/O. MASTAN, AGE: 27 YEARS, OCC: AUTO DRIVER, R/O: BESIDE GOA MEDICAL STORES, MAIN ROAD, DEVINAGAR, TQ AND DIST: BALLARI – 583 101. 2. J. GHOUSEPEER @ FRUIT GHOUSE S/O. JAMAL SAB, AGE: 25 YEARS, OCC: FRUIT MERCHANT, R/O: KRISHNA COLONY, 1ST CROSS, GUGGARAHATTI, TQ AND DIST: BALLARI – 583 101. …PETITIONERS (BY SRI V. P. VADAVI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH COWLBAZAR PS, DIST. BALLARI, R/BY HCGP HIGH COURT OF DHARWAD – 01. …RESPONDENT (BY SRI. RAMESH CHIGARI, AGA) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.2 AND 4 ON REGULAR BAIL COWLBAZAR PS BALLARI CRIME NO. 36/2025 AS AGAINST THE PETITIONER/ACCUSED NOS. 2 AND 4 FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 190, 118(1), 109, 352 OF BNS, REGISTERED BY COWLBAZAR POLICE STATION, BALLARI, PENDING ON THE FILE OF THE COURT OF 2ND Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.05.19 12:21:18 +0530 - 2 - NC: 2025:KHC-D:7172 CRL.P No. 101628 of 2025 ADDL. CIVIL JUDGE AND JMFC COURT, BALLARI IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) This petition is filed under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’, for short) for grant of regular bail. 2. Petitioners are the accused Nos.2 and 4 in Crime No.36/2025 of Cowl Bazar Police Station, Ballari. 3. Learned AGA has orally opposed the bail petition. 4. It is submitted that accused Nos.7 to 10 have already obtained bail by the Coordinate Bench of this Court in Crl.P.No.101486/2025 by order dated 03.04.2025 and accused No.3 has obtained bail by the Coordinate Bench of this Court in Crl.P.No.101544/2025 by order dated 28.04.2025. - 3 - NC: 2025:KHC-D:7172 CRL.P No. 101628 of 2025 5. The Coordinate Bench of this Court has assigned reasons for grant of bail to the accused Nos.3 and 7 to 10. 6. It is submitted that injured has already discharged from the hospital on the same day and he had taken treatment as an outpatient. 7. Considering the nature and gravity of the offences and the order passed by the Coordinate Bench of this Court dated 03.04.2025 in Crl.P.No.101486/2025 and order dated 28.04.2025 in Crl.P.No.101544/2025 and on the principle of parity, the present petitioners are also entitled for grant of bail. 8. Hence, I proceed to pass the following : ORDER (i) Criminal Petition is allowed. (ii) Petitioners are directed to be enlarged on bail in *Crime No.36/2025 of Cowlbazar Police Station Ballari, on executing bond in a sum of * Corrected vide Chamber order dated 16/05/2025. Sd/- (GBJ) - 4 - NC: 2025:KHC-D:7172 CRL.P No. 101628 of 2025 Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the trial Court. (iii) Petitioners shall attend the Court regularly. (iv) Petitioners shall not tamper the prosecution witnesses in any manner. (v) Petitioners shall mark their attendance before the Investigation Officer on every third Sunday between 10.00 a.m. to 2.00 p.m. till the final report is filed. (vi) Petitioners shall not leave the Ballari District jurisdiction without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. Sd/- (G BASAVARAJA) JUDGE NAA CT-ASC List No.: 1 Sl No.: 32