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2025 DAILYLAW 72815 (KAR)

NAWAZ ALI KHAN @ NAWAZ v. STATE OF KARNATAKA

CRL.P/16397/2025 · 2025-12-17

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53811 CRL.P No. 16397 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.16397 OF 2025 (439 (Cr.PC)/ 483(BNSS)) BETWEEN: NAWAZ ALI KHAN @ NAWAZ, S/O SYED AKRAM, AGED ABOUT 22 YEARS, R/AT 4TH CROSS, SIDDHARTH NAGAR, MADDUR TOWN, MANDYA DISTRICT - 571430 …PETITIONER (BY SRI. VINOD.N., ADVOCATE) AND: STATE OF KARNATAKA BY MADDUR POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560001 …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN ACCUSED NO.3 IN CRIME NO.193/2025 PENDING ON THE FILE OF THE COURT OF 2ND ADDL. JMFC COURT MADDUR MANDYA DISTRICT REGISTERED BY THE MADDUR P.S., FOR THE OFFENCE P/U/S 189(2),189(3),186(3),189(5),192,132,61(2),54,121(1),118(1) AND 190 OF BNS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53811 CRL.P No. 16397 of 2025 CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.3 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') praying to grant bail in Crime No.193/2025 of Maddur Police Station registered for the offences punishable under Sections 189(2), 189(3), 186(3), 189(5), 192, 132, 61(2), 54, 121(1), 118(1) and 190 of BNS, 2023. 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent/State. 3. Learned counsel for the petitioner would contend that accused Nos.9, 14, 29 and 39 who are similarly placed to that of this petitioner/accused No.3 have been granted bail by this Court by order dated 11.12.2025 passed in Crl.P.No.15251/2025 and therefore, the petitioner is also entitled for grant of bail on the - 3 - HC-KAR NC: 2025:KHC:53811 CRL.P No. 16397 of 2025 ground of parity. The petitioner is not having any criminal antecedents. With this, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the petitioner and other accused have assaulted the Police Officials when they were on duty and caused injuries. With this, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for the parties, the Court has perused the FIR, complaint and other materials placed on record. 6. This Court while passing the order on bail petition of accused Nos.9, 14, 29 and 39 in Crl.P.No.15251/2025 dated 11.12.2025, has observed at Para-6 as under: "The offences alleged against the petitioners are not punishable either with death or imprisonment for life. The allegation against the petitioners is assault to the Police officials at the time of Ganesh immersion procession. There was a quarrel among the group of persons and in that quarrel, the Police officials have sustained injuries. The petitioners are - 4 - HC-KAR NC: 2025:KHC:53811 CRL.P No. 16397 of 2025 in judicial custody since last three (3) months and as the charge sheet is filed, they are not required for custodial interrogation. There are no criminal antecedents of the petitioners." 7. The allegations against the petitioner is also similar to that of accused Nos.9, 14, 29 and 39, who have been granted bail by this Court. Therefore, the petitioner is entitled for bail on the ground of parity. There are no criminal antecedents of the petitioner. 8. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER The Criminal Petition is allowed. The petitioner is granted bail in Crime No.193/2025 of Maddur Police Station, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like- sum to the satisfaction of the trial Court. - 5 - HC-KAR NC: 2025:KHC:53811 CRL.P No. 16397 of 2025 ii) The petitioner shall not threaten the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. iv) The petitioner shall not involve in commission of any offence. If the petitioner is found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE SMJ List No.: 1 Sl No.: 20