- 1 - HC-KAR NC: 2025:KHC:29214 CRL.P No. 9050 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9050 OF 2025 BETWEEN: MOHAMMED FARHAN, S/O. MOHAMMED ISMAIL, AGED ABOUT 19 YEARS, RESIDING AT SHAIK SALEEM'S RENTED HOUSE, GOVINDAPURA, BENGALURU - 560 045. ALSO AT NO.333, 12TH CROSS, GOVINDAPURA MAIN ROAD, ARABI COLLEGE POST, BENGALURU - 560 046. …PETITIONER (BY SRI. A.S. KULKARNI, ADVOCATE) AND: THE STATE OF KARNATAKA BY K.G. HALLI POLICE STATION, BENGALURU - 560 045. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. K. NAGESWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.1 ON BAIL IN KADAGONDANA HALLI POLICE STATION IN CR.NO.201/2025 FOR THE ALLEGED OFFENCES P/U/S 109(1), 126(2), 352 R/W 3(5) OF THE BNS 2023, ON THE FILE OF THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29214 CRL.P No. 9050 of 2025 LRD 10TH ADDL. CHIEF JUDICIAL MAGISTRATE, MAYOHALL, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner / accused No.1 has preferred this petition under Section 483 of the BNSS, 2023 to enlarge him on bail in Crime No.201/2025 of Kadugondanahalli Police Station, Bengaluru City, registered for the offence punishable under Section 109, 126(2), 352 read with Section 3(5) of the BNS, 2023. 2. Heard both sides and perused the material on record. 3. A perusal of the complaint averments reveal that, on 01.06.2025 at about 07:00 p.m., when the complainant along with his friends Taha and Rahim was proceeding to his house, he met the accused persons. He requested them to lend a sum of Rs.500/- promising to return by 08:00 p.m. Accused by name Arbaz lent him the said amount. Thereafter, when he was standing along with his friends Tausif and Taha near his house in Vinobanagar, all the three accused came and - 3 - HC-KAR NC: 2025:KHC:29214 CRL.P No. 9050 of 2025 demanded him to return the amount. When his friend Tausif told them not to quarrel, all the three accused abused in filthy language and accused No.1 assaulted him with a wooden stick, which was lying down, due to which Tausif became unconscious and fell down. Further, accused No.1 assaulted the complainant with the said stick on his head, near right eye and thereafter, all the accused run away from the spot. 4. A perusal of the complaint averments goes to show that incident was on account of a quarrel which took place, when the accused demanded the complainant to return the money taken by him. 5. Admittedly, accused were unarmed. It is alleged that in the quarrel, when Tausif intervened, accused No.1 picked up a wooden stick, which was laying on the ground and assaulted him and the complainant. 6. The learned counsel for petitioner would contend that name of the petitioner was not mentioned in the FIR, but his name was included later. He contended that the injured are already discharged from the hospital, petitioner is a student and he has no criminal antecedents. - 4 - HC-KAR NC: 2025:KHC:29214 CRL.P No. 9050 of 2025 7. Learned High Court Government Pleader contended that initially, while lodging the complaint, as the name of the petitioner was not known to the complainant, his name was mentioned as one Rizwan. Later he identified him and given the correct name. He contended that the injured has sustained grievous injury to the head and therefore, petitioner is not entitled for the relief of bail. 8. As per wound certificate, injured Tausif has sustained one injury i.e., swelling in the left temporal region. 9. Considering that the incident took place on account of a sudden quarrel and the petitioner was not armed and also considering that the injured are discharged from the hospital and accused Nos.2 and 3 are on bail, the relief sought by the petitioner, can be granted by imposing conditions. Accordingly, the following: O R D E R i) Petition is allowed. ii) Petitioner / accused No.1 is ordered to be released on bail in Crime No.201/2025 registered by Kadugondanahalli Police Station, Bengaluru City, for the offence punishable under - 5 - HC-KAR NC: 2025:KHC:29214 CRL.P No. 9050 of 2025 Section 109, 126(2), 352 read with Section 3(5) of the BNS, 2023, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surity for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and inform the Investigating Officer / Court, if any 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 in future. 5. He shall appear before the trial Court regularly on all dates of hearing. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 24 CT: BHK