Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 80460 (KAR)

SRI NASEER KHAN @ NASIR KHAN v. THE STATE OF KARNATAKA

CRL.P/13623/2025 · 2025-10-25

Shivashankar Amarannavar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:42386 CRL.P No. 13623 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13623 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI NASEER KHAN @ NASIR KHAN S/O LATE AMMANULLA KHAN AGE ABOUT 43 YEARS R/AT No. 010, 1ST CROSS NEAR ALADAMARA KOLLURU MALLASANDRA HOSAKOTE TALUK BENGALURU RURAL DISTRICT - 562 167. PERMANENT ADDRESS: R/OF KATTIGENAHALLI JADIGENAHALLI HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT - 562 114. …PETITIONER (BY SRI AJAY R .A, ADVOCATE) AND: 1. THE STATE OF KARNATAKA CENTRAL CRIME BRANCH ORGANIZED CRIME WING (EAST) BMTC BUS DEPOT SERVICE STATION SHANTHINAGAR BANGALORE - 560 027 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42386 CRL.P No. 13623 of 2025 HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) Cr.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME No.67/2025 REGISTERED BY THE RESPONDENT CENTRAL CRIME BRANCH (ORGANISED CRIME WING (EAST) POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 140(2),3(5),351(2),351(4),308(2) AND 351(3) OF BNS PENDING ON THE FILE OF THE LEARNED I ADDL. C.J.M BENGALURU 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 This petition is filed by accused No.1 under Section 483 of BNSS praying to grant bail in Crime No.67/2025 of CCB Organised Crime Wing (East), Bengaluru registered for the offence punishable under Section 140(2), 3(5), 351(2), 351(4), 308(2) and 351(3) of BNS. 2. Heard learned counsel for the petitioner and learned HCGP for respondent – State. - 3 - HC-KAR NC: 2025:KHC:42386 CRL.P No. 13623 of 2025 3. Learned counsel for petitioner would contend that the petitioner has been arrested on 03.09.2025 and he is in judicial custody. The major portion of the investigation is over and therefore, the petitioner is not required for custodial interrogation. Accused No.2 has been granted bail by the trial Court. The petitioner is an informer to the police and as he got documents regarding victims that they are not citizens of India and in order to stop him from disclosing the same, a false complaint came to be filed. The complaint has not been filed by the victims, but it has been filed by Faiz Akram Pasha, Founder of Karnataka State Jana Sadbhavana Samsthe. The petitioner is not having criminal antecedents. Complainant is not the eye witness. Complainant has given shelter to the victims who are not residents of India. With these he prayed to allow the petition. 4. Per contra, learned HCGP would contend that petitioner in his voluntary statement has clearly admitted of he involving in present case of extorting money from - 4 - HC-KAR NC: 2025:KHC:42386 CRL.P No. 13623 of 2025 the victims as he came to know that they are not the residents of India having documents in that regard. Investigation is in progress. If the petitioner is granted bail, he will hamper the investigation and tamper the prosecution witnesses. With these he prayed for rejection of petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record. 6. One Faiz Akram Pasha stated to be the founder of Karnataka State Jana Sadbhavana Samsthe has filed a complaint stating that this petitioner and others were extorting money from persons working under him under the guise of he having documents to show that the victims are not residents of India. As per averments of complaint there are four victims. None of the victims have come forwarded to lodge a complaint against the petitioner. The petitioner is stated to be police informer. The same has been stated by the petitioner in his voluntary statement. - 5 - HC-KAR NC: 2025:KHC:42386 CRL.P No. 13623 of 2025 Whether the petitioner has extorted money from the victims is a matter of investigation and trial. The petitioner is in judicial custody since 03.09.2025 and therefore, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. Considering the same, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER Petition is allowed. Petitioner is granted bail in Crime No.67/2025 of CCB Organised Crime Wing (East) Police Station, Bengaluru, subject to following conditions: (i) Petitioner shall execute 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 co-operate with police in further investigation. - 6 - HC-KAR NC: 2025:KHC:42386 CRL.P No. 13623 of 2025 (iii) Petitioner shall not tamper with the prosecution witnesses either directly or indirectly. (iv) Petitioner shall appear before the trial Court on all dates of hearing, unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 23 Ct.sm