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2025 DAILYLAW 75194 (KAR)

MOHAMMED SAIFULLA v. STATE OF KARNATAKA

CRL.P/11356/2025 · 2025-10-24

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42117 CRL.P No. 11356 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 11356 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MOHAMMED SAIFULLA S/O LATE MOHAMMED SIGBATH ULLA AGED 55 YEARS R/AT No. 516, NEAR SHEKHARS SILK FACTORY MOTHI NAGARA WARD No.15 RAMANAGARA TOWN DISTRICT – 562 159. …PETITIONER (BY SRI MANJUNATH B R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAMANAGARA TOWN POLICE STATION RAMANAGARA DIST. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) Cr.P.C PRAYING TO ENLARGE HIM ON BAIL IN CR.No.63/2025 OF RAMANAGARA TOWN POLICE STATION Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42117 CRL.P No. 11356 of 2025 REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 105 OF BNS PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT RAMANAGARA AND ETC., 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 the sole accused under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant bail in crime No. 63/2025 of Ramanagara Town Police Station registered for offence punishable under Section 105 of Bharathiya Nyaya Sanhita, 2023 (hereinafter referred to as `BNS’). 2. Heard learned counsel for petitioner and learned Additional SPP for respondent - State. 3. Learned Counsel for petitioner would contend that petitioner came to be arrested on 12.06.2025 and he is in judicial custody. As charge sheet is filed, petitioner is not required for custodial interrogation. The offence - 3 - HC-KAR NC: 2025:KHC:42117 CRL.P No. 11356 of 2025 alleged against the petitioner is not punishable either with death or imprisonment for life. Cause of death of the deceased is kept pending. Petitioner is ready to abide by any terms and conditions to be imposed by this court. With this he prayed to allow the petition. 4. Per contra learned Additional SPP would contend that the petitioner, even though not qualified to practice as a Doctor, has opened a clinic. Due to the treatment given by the petitioner, child of the first informant, aged 6 months, died. Petitioner is not qualified and he is having only D-Pharma certificate. Petitioner has created several documents to show that he is a Doctor. Charge sheet material show prima facie case against the petitioner for offence alleged against him. With this, she prayed for dismissal of the petition. 5. Having heard learned counsel for the parties, this Court has perused charge sheet and other materials placed on record. - 4 - HC-KAR NC: 2025:KHC:42117 CRL.P No. 11356 of 2025 6. Child of first informant, aged 6 months, by name Sharanya, died. It is alleged that due to the treatment given by this petitioner the said child died. Petitioner is stated to be not qualified to practice as a Doctor, but, he has created documents to show that he is qualified to practice as Doctor. The Doctor who conducted P.M. examination over the dead body of the deceased has kept pending the cause of death awaiting chemical analysis, histopathology and Microbiology Reports. As charge sheet is filed, petitioner is not required for custodial interrogation. Offence alleged against the petitioner is not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioner. Petitioner has undertaken to abide by any terms and conditions to be imposed by this Court. The petitioner has made out case for grant of bail with conditions. 7. In the result, the following; O R D E R - 5 - HC-KAR NC: 2025:KHC:42117 CRL.P No. 11356 of 2025 Petition is allowed. Petitioner is granted bail in Crime 63/2025 of Ramanagara Town Police Station subject to following conditions: I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial Court. II. Petitioner shall not tamper the prosecution witnesses either directly or indirectly. III. Petitioner shall attend the Court on all dates of hearing, unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 2 Sl No.: 48