Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:29544 CRL.P No. 9735 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9735 OF 2025 BETWEEN:
MR. MOHAMMAD KAIF S/O EJAZ ANSARI AGED ABOUT 23 YEARS PRESENTLY R/AT NO. NO.406 SREENIDHI PG, JAKKASANDRA KORAMANGALA 1ST BLOCK BANGALORE - 560 034 PERMANENT RESIDENT OF S/O EJAZ ANSARI DURGANAGAR, WEST CHAMPARAN BIHAR - 845 106. …PETITIONER (BY SRI CHETAN V, ADV.) AND:
1.
THE STATE OF KARNATAKA BY HENNUR POLICE STATION REP. BY SPP, HIGH COURT OF KANRNATAKA, BENGALURU - 560 001.
2.
SHEKAR BHATTACHARYA D/O SHELLY BHATTACHARYA AGED ABOUT 29 YEARS R/AT.NO.1302, B-BLOCK PALMA HEIGHTS, HENNUR BAGALUR MAIN ROAD BENGALURU - 560 043. …RESPONDENTS (BY SRI K. NAGESHWARAPPA, HCGP FOR R-1;
NOTICE ON R-2 IS COMPLETED)
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:29544 CRL.P No. 9735 of 2025
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.234/2025 REGISTERED BY THE HENNUR POLICE STATION FOR THE ALLEGED OFFENCE P/US/ 64,69,351(2),352 OF BNS 2023 PENDING BEFORE THE COURT OF THE XI ACJM, BENGALURU CITY AND CONSEQUENTLY SET ASIDE THE ORDER IN CRL.MISC.NO.4917/2025 DATED 03.07.2025 PASSED BY THE COURT OF THE LIII ADDL. CITY CIVIL AND SESSIONS SPECIAL JUDGE, BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
This petition is filed under Section 483 of BNSS, 2023 to enlarge the petitioner, sole accused, on bail in Crime No.234/2025 of Hennur Police Station, Bengaluru City registered for the offence punishable under Sections 64, 69, 351(2) & 352 of BNS, 2023.
2. Pursuant to issuance of notice, respondent No.2 is present before the Court.
3. The petitioner was arrested on 06.06.2025. He is in custody. The learned Sessions Judge has rejected his
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HC-KAR NC: 2025:KHC:29544 CRL.P No. 9735 of 2025
prayer for bail vide
order dated 03.07.2025 in Crl.Misc.No.4917/2025. It is observed in the order that investigation is in preliminary stage and if bail is granted there are chances of accused trying to threaten the complainant and other witnesses. Further, victim is not subjected to medical examination and her statement under Section 183 of BNS, 2023 is yet to be recorded. The learned Sessions Judge therefore, opined that it is not the proper stage to grant bail.
4. Learned High Court Government Pleader submits that investigation is completed and charge sheet is filed.
5. Liberty is reserved to the petitioner to file a fresh petition before the Sessions Court. The learned Sessions Judge, in that event, shall consider the bail application, as expeditiously as possible.
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HC-KAR NC: 2025:KHC:29544 CRL.P No. 9735 of 2025
6. With the above observation, petition is disposed of.
Sd/- (MOHAMMAD NAWAZ) JUDGE NMS