- 1 - HC-KAR NC: 2025:KHC:43482 CRL.P No. 13821 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13821 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SYED HABEEB @ SUKKA HABEEB @ AMRAN S/O SYED FAROOQ AGED ABOUT 29 YEARS R/A DANGURU HADLI (V) MALAVALLI TLAUK, MANDYA KARNATAKA – 571 475. …PETITIONER (BY SRI. MUZAFFAR AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA BY NARASIMHARAJA POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP SRI RAJESH S R, ADVOCATE FOR DEFACTO COMPLAINANT) THIS CRL.P FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC.No.178/2025 ARISING OUT OF CR.No.3/2025 REGISTERED BY THE RESPONDENT POLICE, NARASIMHARAJA P.S., MYSURU, FOR THE OFFENCES PUNISHABLE UNDER SECTION 126(2),118(1),118(2),189(4),109,190 OF BNS, 2023, PENDING Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43482 CRL.P No. 13821 of 2025 BEFORE THE LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, AT MYSURU. 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.1 under Section 483 of BNSS is praying to grant bail in S.C.No.178/2025 (arising out of Crime No.3/2025 of Narasimharaja Police Station, Mysore) registered for the offences under Sections 126(2), 118(1), 118(2), 189(4), 109 and 190 of BNS. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent/State. 3. Learned counsel for petitioner would contend that the name of petitioner came to be implicated only based on further statement of the injured dated 05.04.2025. There was enemity between the petitioner and the injured and they were well acquainted with each other. Inspite of the same the injured not mentioning the name of the - 3 - HC-KAR NC: 2025:KHC:43482 CRL.P No. 13821 of 2025 petitioner in his first information and in his earlier statements itself indicate that the petitioner is not involved in commission of the alleged offence and with earlier enemity he has been implicated subsequently. CWs.2, 12, 14, 15 and 16 who are stated to be eye witnesses have not stated the name of this petitioner in their statement recorded by the police and by the judicial Magistrate under Section 183 of BNSS. Considering the above aspects, the petitioner is entitled for grant of bail. With these, he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that the petitioner is having criminal antecedents. He is involved in 15 criminal cases and out of them, 13 are pending. The offence alleged against the petitioner is a heinous offence of attempt to commit murder. The name of the petitioner has been stated by the injured in his further statement. With these, she prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:43482 CRL.P No. 13821 of 2025 5. Having heard the learned counsels, the Court has perused the charge sheet papers, and other materials placed on the record. 6. On perusal of column-17 of the charge sheet, the petitioner and the injured were acquainted to each other and there was enemity between them. The injured who has sustained injury in the alleged incident has filed a complaint based on which FIR has been registered. The name of the petitioner has not been mentioned in the averments of the complaint and FIR. The name of the petitioner has been inserted as accused on the basis of further statement of the injured dated 05.04.2025. CWs.2, 12, 14, 15, 16 who are stated to be witnesses to the incident have not stated the name of this petitioner in their statement recorded by the police and by judicial Magistrate under Section 183 of BNSS. There was enemity between the injured and the petitioner. Inspite of injured acquainted with the name and identity of this petitioner has not disclosed his name in the first information. - 5 - HC-KAR NC: 2025:KHC:43482 CRL.P No. 13821 of 2025 Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER Petition is allowed. The petitioner is granted bail in S.C.No.178/2025 (arising out of Crime No.3/2025 of Narasimharaja Police Station) pending on the file II Additional District and Sessions Judge, Mysuru, subject to following conditions: (i) 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 jurisdictional Court. (ii) Petitioner shall not tamper the prosecution witnesses either directly or indirectly. (iii) Petitioner shall appear before the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. - 6 - HC-KAR NC: 2025:KHC:43482 CRL.P No. 13821 of 2025 (iv) 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 his bail. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 17 Ct.sm