Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 67971 (KAR)

MOHAMMED KAMRAN v. STATE BY

CRL.P/15452/2025 · 2025-12-03

Shivashankar Amarannavar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:50370 CRL.P No. 15452 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15452 OF 2025 [(438(Cr.PC) / 482(BNSS)] BETWEEN: MOHAMMED KAMRAN S/O MD. KHASIM, AGED ABOUT 24 YEARS, LORRY DRIVER, R/O.NO.220 SARATHI, 3RD CROSS, BALAJI KRUPA LAYOUT, R.K HEGDE NAGAR, PERMANENT R/O: DR. SHIVARAM KARANTH NAGAR, BENGALURU NORTH - 560 077. …PETITIONER (BY SRI. IQBAL AHMED KHAN, ADVOCATE) AND: STATE BY CHITRADURGA RURAL POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNNS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST IN CRIME NO.179/2025 OF Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50370 CRL.P No. 15452 of 2025 CHITRADURGA RURAL POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 132 AND 351(2) OF BNS ACT 2023, PENDING ON THE FILE OF I ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION) AND JMFC COURT AT CHITRADURGA, FOR THE ALLEGED COMMISSION OF OFFENCES PUNISHABLE UNDER SECTIONS 109, 132 AND 351(2) OF BNS ACT, 2023 AND TO ALLOW THIS BAIL APPLICATION AS IT IS NECESSARY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.1 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant anticipatory bail in Crime No.179/2025 of Chitradurga Rural Police Station registered for the offences punishable under Sections 109, 132, 351(2) of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor for the respondent/State. - 3 - HC-KAR NC: 2025:KHC:50370 CRL.P No. 15452 of 2025 3. The learned counsel for the petitioner would contend that, the alleged incident is stated to have taken place when the police officials went to secure the petitioner in respect of Crime No.151/2025 of Chitradurga Rural Police Station. When the police officials found this petitioner in the early morning on 09.05.2025, seeing the police, he started running, and the police warned and fired in air, and at that time, the petitioner tried to assault with knife on PC-2455/Thimmarayappa, and caused injury on his left hand, and that time, the police officials shot with a gun on his left knee. The petitioner was taken for treatment, and he was produced in Crime No.151/2025. The petitioner was granted bail in Crime No.151/2025, and thereafter, he was released on bail. Neither he is secured under body warrant nor he is arrested in the present case. The petitioner is ready to cooperate with the police in the investigation. The injury sustained by police constable, Timmarayappa, is a simple injury. With this, he prayed to allow the petition. - 4 - HC-KAR NC: 2025:KHC:50370 CRL.P No. 15452 of 2025 4. Per contra, the learned Additional State Public Prosecutor for the respondent/State would contend that, the petitioner is having criminal antecedents, and he is involved in three cases. He is required for custodial interrogation. If he is granted anticipatory bail, he will abscond, and not cooperate for investigation. With this, she prayed for rejection of the petition. 5. Having heard the learned counsels, the Court has perused the FIR, complaint and other materials placed on the record. 6. In the alleged incident, one PC- 2455/Thimmarayappa has sustained one simple injury. The allegation against this petitioner is that, he tried to assault him with a knife, and at that time, the said police constable sustained injury. In the said incident, there is gunshot on the left knee of this petitioner. The petitioner was provided treatment by police in the hospital. He has been granted bail in Crime No.151/2025. The Investigating - 5 - HC-KAR NC: 2025:KHC:50370 CRL.P No. 15452 of 2025 Officer has not sought for issuance of body warrant or arrested him after he has been released in Crime No.151/2025. The petitioner has sustained gunshot injury on his left knee. Now he cannot threaten the police officials, who are witnesses in the present case. 7. Considering the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.179/2025 of Chitradurga Rural Police Station registered for the offences punishable under Sections 109, 132, 351(2) of Bharatiya Nyaya Sanhita, 2023 subject to following conditions. a) The petitioner shall voluntarily appear before the Investigating Officer within ten days from this day, and execute a bail bond for a - 6 - HC-KAR NC: 2025:KHC:50370 CRL.P No. 15452 of 2025 sum of ₹1,00,000/- with one surety for the like sum to the satisfaction of the Investigating Officer. b) The petitioner shall co-operate with the Investigating Officer in the investigation, and appear before the Investigating Officer whenever called for. c) The petitioner shall attend the Trial Court on all dates of hearing, unless exempted and co-operate for speedy disposal of the case. d) The petitioner shall not involve in commission of any offence. If he is found involved in commission of any offence, the Investigating Officer is at liberty to seek cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 9