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High Court of Karnataka · body

2025 DAILYLAW 69295 (KAR)

MOHAMMAD SHAHABAJ v. STATE OF KARNATAKA BY

CRL.P/11953/2025 · 2025-09-17

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37234 CRL.P No. 11953 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11953 OF 2025 BETWEEN: MOHAMMAD SHAHABAJ S/O. SHEK AHAMMADAH, AGED ABOUT 25 YEARS, R/A. 3RD CROSS, TIPPU NAGAR, CHAMARAJPETE, BANGALORE-560 018. …PETITIONER (BY SRI. SANJAY YADAV B., ADVOCATE) AND: STATE OF KARNATAKA BY JIGANI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL ARRAIGNED AS ACCUSED NO.3 IN CRIME NO.126/2025, JIGANI P.S., FOR THE OFFENCES PUNISHABLE UNDER SEC. 109(1) AND 190 OF BHARATIYA NYAYA SANHITA, 2023, BY RESPONDENT JIGANI POLICE PENDING ON THE FILE OF 3RD ADDITIONAL CIVIL JUDGE AND JMFC, ANEKAL, BANGALORE RURAL DISTRICT. 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:37234 CRL.P No. 11953 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.126/2025 of Jigani Police Station, Bengaluru District, registered for the offence punishable under Section 109(1) and 190 of BNS 2023. 2. Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 3. It is alleged in the complaint lodged by one Praveen Kumar that on 18.7.2025 at about 9.30 p.m. after finishing the dinner, he came near Vyavasaya Seva Sahakara Bank, wherein he saw his friend quarrelling near a shop. When he enquired with him, he told him that the shop keeper was not giving him the cigarette. Then, he told his friend that he will get cigarette for him. At that time, it is alleged, three persons came and quarrelled and - 3 - HC-KAR NC: 2025:KHC:37234 CRL.P No. 11953 of 2025 abused him etc. Thereafter, the complainant along with his relative Bharath went to enquire about the boys who quarreled with them, at that time, about 8-10 persons came and assaulted them and out of the said accused, one accused by name Syed Touhid Ahmed stabbed him with a knife on his abdomen and another accused by name Syed Zaid fisted on his face. In the incident, the complainant and Bharath sustained injuries. 4. Learned High Court Government Pleader has contended that the injury sustained by the complainant is grievous in nature and he has suffered fractures and therefore, petitioner is not entitled for bail. 5. FIR is registered against accused Nos.1 and 2 and others. In the complaint, omnibus allegations are made against other accused persons that they have assaulted the complainant and one Bharath. Petitioner is not specifically named as an accused in the FIR. In the chargesheet he is arraigned as accused No.3. Specific overt acts are against accused Nos.1 and 2. Petitioner - 4 - HC-KAR NC: 2025:KHC:37234 CRL.P No. 11953 of 2025 was arrested on 19.07.2025. He has no criminal antecedents. Similarly placed accused has been enlarged on bail by this Court in Crl.P No.11610/2025 vide order dated 23.08.2025. Hence, the following: ORDER i. Petition is allowed. ii. Petitioner/accused No.3 (as per chargesheet) in Crime No.126/2025 of Jigani Police Station, Bengaluru District, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. - 5 - HC-KAR NC: 2025:KHC:37234 CRL.P No. 11953 of 2025 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 on every date of hearing without fail. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 39