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2025 DAILYLAW 69389 (KAR)

MR IMRAN @ MOHAMMED IMRAN @ SULTAN v. STATE OF KARNATAKA

CRL.P/10577/2025 · 2025-10-13

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:40388 CRL.P No. 10577 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 10577 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: MR IMRAN @ MOHAMMED IMRAN @ SULTAN S/O. SALEEM PASHA AGED 23 YEARS RESIDING AT DODDABASTHI CIRCLE ULLAL, KENGERI BENGALURU – 560 010. …PETITIONER (BY SRI PRAVEEN DANAGERI, ADVOCATE) AND: STATE OF KARNATAKA BY RAMANAGARA RURAL POLICE STATION AMBEDKAR VEEDI BENGALURU - 560 001 REP BY SPP HIGH COURT BUILDING BENGALURU – 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C. (UNDER SECTION 483 BNSS) PRAYING TO ALLOW THE PETITION BY ENLARGING THE PETITIONER ON BAIL IN CR. No.05/2025 (ANNEXURE-C) OF RAMANAGARA RURAL POLICE STATION PENDING ON THE FILE OF THE COURT OF PRL. SR. CIVIL JUDGE AND CJM, RAMANAGARA IN S.C. NO. 33/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 310(2) OF BNS 2023. AND ETC. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40388 CRL.P No. 10577 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No. 1 under Section 483 of BNSS seeking grant of bail in Crime No. 5/2025 of Ramanagara Rural Police Station Pending in S.C. No. 33/2023 registered for offence punishable under Section 310(2) of BNS, 2023. 2. Heard learned counsel for petitioner and learned HCGP for respondent - State. 3. Learned counsel for petitioner would contend that accused Nos. 3 to 5 have been granted bail by this Court. Accused No. 2 is still absconding. There is no material to show that there was a communication between petitioner – accused No. 1 and other accused. There are no criminal antecedents. As the charge sheet is filed, petitioner is not required for custodial interrogation. With this he prayed to allow the petition. - 3 - HC-KAR NC: 2025:KHC:40388 CRL.P No. 10577 of 2025 4. Per contra learned HCGP would contend that the lorry containing goods has been blocked at the instance of this petitioner and lorry and the material contained in it has been recovered at the instance of this petitioner. The offence alleged against the petitioner is heinous offence punishable with imprisonment for life. Accused No. 2 is still absconding and if the petitioner is granted bail, he will help the accused No. 2 in remaining absconding. Charge sheet material show prima facie case against the petitioner for offences alleged against him. With this, he prayed to dismiss the petition. 5. Having heard learned counsel for the parties this Court has perused the charge sheet papers and other materials placed on record. 6. FIR in Crime No. 5/2025 was registered by Ramanagara Rural Police Station for the aforesaid offence against petitioner - Sulthan and seven others on the basis of first information dated 08.01.2025 received from Sri. Faheem Pasha son of Sri. Ayub Pasha. - 4 - HC-KAR NC: 2025:KHC:40388 CRL.P No. 10577 of 2025 7. Perusal of material on record would go to show that first informant and the petitioner - accused No. 1 are drivers by profession who work for the same employer. It is alleged that the first informant and petitioner – accused No. 1 had gone to Delhi in lorry bearing registration No. KA-41- D-8740 and on 04.01.2025 after loading the aforesaid lorry with limestone and tobacco product, they were returning to Kasargod for delivery of the load. 8. It is alleged that on 07.01.2025 near Karwar at about 07.00 p.m. accused who came in two cars intercepted the aforesaid lorry and asked the first informant and accused No. 1, who were inmates of the lorry to get down from the lorry and thereafter first informant was kidnapped in the car in which the accused had arrived. It is in this background FIR was registered against accused No.1 and others. 9. In the charge sheet it is stated that accused Nos. 2 to 6, at the instance of accused No. 1 had intercepted the aforesaid lorry near Karwar and had forcibly taken first informant in the car in which they had arrived at the spot of - 5 - HC-KAR NC: 2025:KHC:40388 CRL.P No. 10577 of 2025 crime and thereafter, accused No. 1 had driven the aforesaid lorry which was loaded and had parked the lorry in the godown of one Sri. Mathein. 10. The lorry along with the load has been seized at the instance of petitioner – accused No. 1 who was arrested on 09.01.2025. Considering the said aspects there is a prima facie case against this petitioner for the offence alleged against him. The offence alleged against the petitioner is punishable with imprisonment for life. Considering the same, if the petitioner is granted bail, there are chances of he tampering the prosecution witnesses and flee from justice. Considering the above aspects, petitioner has not made out any grounds for grant of bail. In the result, petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 2 Sl No.: 32 Ct.sm