- 1 - HC-KAR NC: 2025:KHC:40931 CRL.P No. 12094 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12094 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. ABREZ PASHA S/O SHAIK REHMAN AGED ABOUT 26 YEARS RESIDING AT No.29, 9TH CROSS 2ND MAIN, VALMIKINAGAR BENGALURU-560 026. …PETITIONER (BY SRI NAUSHAD PASHA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHAMARAJPET PS BANGALURU-560 018 REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA HIGH COURT BUILDING BANGALORE-560 001. …RESPONDENT (BY SMT. PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.No.187/2025, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 109,118(1), R/W 3(5) OF THE BNS, 2023 ACT, OF CHAMARAJPETE P.S BENGALURU PENDING ON THE FILE OF V ACMM COURT AT BANGALORE. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40931 CRL.P No. 12094 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 This petition is filed by accused No.2 in F.I.R (accused No.3 in remand application) under Section 483 of BNSS praying to grant bail in Crime No.187/2025 of Chamarajapete Police Station registered for offences under Section 109, 118(1), 3(5) of BNS, 2023. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent / State. 3. Learned counsel for petitioner would contend that no serious overt acts are alleged against the petitioner and the injured has sustained simple injuries. The serious overt acts is alleged against accused No.1, who is stated to have assaulted the victim/injured Mohammed Shafiullah and police officials. He further submits that the petitioner is in judicial custody since 27.07.2025 and therefore, he is not required for custodial interrogation. Petitioner has - 3 - HC-KAR NC: 2025:KHC:40931 CRL.P No. 12094 of 2025 been implicated only on the ground that he is the younger brother of accused No.1. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that the petitioner is having criminal antecedents and he is involved in 4 cases apart from the present case. The petitioner is a rowdy sheeter. If the petitioner is granted bail, there are chances of him repeating similar offence. 5. Having heard the learned counsels, the Court has perused FIR, complaint, remand application and other materials placed on record. 6. The petitioner has been arraigned as accused No.2 in the FIR and his name has been shown as accused No.3 in the remand application dated 27.07.2025. The accusation against the accused persons is that on 26.07.2025, petitioner and his elder brother Tabrez and others assaulted Mohammed Shaffiullah with dagger and knife and at that time police personnel came for pacifying - 4 - HC-KAR NC: 2025:KHC:40931 CRL.P No. 12094 of 2025 the quarrel and at that time accused No.1 - Tabrej assaulted the said police on his hand with dagger and caused injury. On the basis of complaint of one Smt.Reshma, case came to be registered against the petitioner and others for the above said offences. The petitioner has been arrested on 27.07.2025 and he is remanded to judicial custody. The wound certificate indicates that injured Mohammed Shafiulla sustained three injuries and all are stated to be simple injuries. The allegation made against this petitioner and accused No.1 are omnibus allegation of assaulting the injured Mohammed Shafiullah. Accused No.1, Tabrej is the elder brother of this petitioner and he is having a grudge against injured Mohammed Shafiullah, since his wife has been got married to some other person. The major portion of the investigation is over and the petitioner is not required for further custodial interrogation. The offence alleged against the petitioner is not punishable with death or imprisonment for life. The petitioner has undertaken to - 5 - HC-KAR NC: 2025:KHC:40931 CRL.P No. 12094 of 2025 abide by any conditions to be imposed by this court. In the result, the following: ORDER Petition is allowed. Petitioner is granted bail in Crime No.187/2025 of Chamarajapet Police Station subject to following conditions: 1. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court. 2. Petitioner shall not tamper the prosecution witnesses either directly or indirectly. 3. Petitioner shall co-operate with the police in the investigation. 4. Petitioner shall appear before the trial court on all dates of hearing, unless - 6 - HC-KAR NC: 2025:KHC:40931 CRL.P No. 12094 of 2025 exempted and co-operate for speedy disposal of case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 19 Ct.sm