- 1 - HC-KAR NC: 2025:KHC:27388 CRL.P No. 9263 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9263 OF 2025 BETWEEN: IMRAN SHARIF @ KEELI IMRAN S/O LIYAKATH SHERIF AGED ABOUT 38 YEARS R/AT 1ST CROSS, RIGHT SIDE TIPPU NAGAR, GOPAL EXTENSION SHIVAMOGGA. …PETITIONER (BY SRI LETHIF B, ADV.) AND: THE STATE OF KARNATAKA BY PAPER TOWN POLICE STATION SHIVAMOGGA DISTRICT REP. BY SPP HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO RELEASE HIM ON REGULAR BAIL IN CRIME NO.12/2025 OF PAPER TOWN POLICE STATION, FOR THE OFFENCE P/U/S. 132, 121(1), 109(1), 61 AND 58(b) OF BNS AND SEC. 3 AND 25(1)(B) OF ARMS ACT AND IN CR.NO.182/2025, PENDING ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, BHADRAVATHI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27388 CRL.P No. 9263 of 2025 ORAL ORDER 1. Accused no.9 in Crime No.12/2025 registered by Paper Town Police Station, Bhadravathi, Shivamogga District, for the offences punishable under Sections 132, 121(1), 109(1), 61 & 58(b) of BNS, 2023, and Section 3, 25(1)(B) of Arms Act, 1959, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.12/2025 was registered by Paper Town Police Station, Bhadravathi, Shivamogga District, for the aforesaid offences against Mousin Kureshi and others, based on the first information submitted by Smt. Nagamma, who is the Police Officer, attached to Paper Town Police Station, Shivamogga District. During the course of investigation, the petitioner herein and accused No.12 were arrested on 26.02.2025 and subsequently remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.5151/2025 was rejected on 19.06.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:27388 CRL.P No. 9263 of 2025 4. Learned Counsel for the petitioner submits that the petitioner and accused No.12 were arrested on the same day. Accused No.12 has been granted regular bail by this Court on the ground that he was not served with grounds of arrest at the time his arrest. Even the petitioner was not served with grounds of arrest, at the time of his arrest. Investigation of the case is completed and charge sheet has been filed. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition, does not dispute the submissions made by the learned Counsel for the petitioner. 6. Perusal of the material on record would go to show that the injured victims in the present case have suffered simple injuries in the incident in question. The petitioner, who was arrested along with accused No.12 is in custody from 26.02.2025. Accused No.12 has been granted regular bail by this Court in Crl.P.No.7477/2025 for the reason that grounds of arrest were not served on him on the date of arrest. This Court placing reliance on the judgment of the Hon'ble Supreme Court in the case of PANKAJ BANSAL VS UNION OF INDIA - (2024)7 - 4 - HC-KAR NC: 2025:KHC:27388 CRL.P No. 9263 of 2025 SCC 576 and in the case of VIHAAN KUMAR VS STATE OF HARYANA AND ANOTHER - 2025 SCC ONLINE SC 269 has enlarged accused No.12 on bail. The petitioner, who was arrested along with accused No.12 is also said to have been not served with grounds of arrest and the said submission is not disputed by learned HCGP. However, she has brought to the notice of this Court that the petitioner is a person with criminal antecedents as against whom 21 criminal cases are registered. Under these circumstances, on the ground of parity, the petitioner's prayer for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following order: 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.12/2025 registered by Paper Town Police Station, Bhadravathi, Shivamogga District, for the offences punishable under Sections 132, 121(1), 109(1), 61, 58(b) of BNS, 2023, and Section 3, 25(1B) of Arms Act, 1959, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the - 5 - HC-KAR NC: 2025:KHC:27388 CRL.P No. 9263 of 2025 likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. f) The petitioner is directed to be appear before the SHO of Papertown Police Station, Shivamogga District and mark his attendance on every alternative Sunday of the month between 10.00 a.m, and 1.00 p.m, till the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS