Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:28313 CRL.P No. 9794 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9794 OF 2025 BETWEEN:
SOHAIL KHAN S/O JAVEED KHAN AGED ABOUT 23 YEARS MASON WORK, R/AT NEAR KOHINOOR AUTO STAND CHELUGUDDA CHITRADURGA - 577 501. …PETITIONER (BY SSMT. NAGARATHNAMMA K.N, ADV.) AND:
STATE BY CHITRADURGA RURAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT BENGALURU BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP)
THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS APPLICATION TO ENLARGE HIM ON BAIL IN CR.NO.0151/2025 OF CHITRADURGA RURAL POLICE STATION, CHITRADURGA DISTRICT IN THE COURT OF 1ST ADDL. CIVIL JUDGE AND JMFC AT CHITRADURGA AND OFFENCES P/U/S 132, 125, 109, 351(2) R/W 3(5) OF THE BNSS
2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:28313 CRL.P No. 9794 of 2025
CORAM:
HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused No.1 in Crime No.151/2025 registered by Chitradurga Rural Police Station, Chitradurga, for the offences punishable under Sections 109, 125, 132, 3(5) and 351(2) of BNS, 2023, 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.151/2025 was registered by Chitradurga Rural Police Station, Chitradurga, for the aforesaid offences against Suhel Khan and two others based on the first information dated 23.04.2025 received from Divakara O, Police Officer attached to Chitradurga Rural Police Station, Chitradurga. During the course of investigation, petitioner herein was arrested on 23.04.2025 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.513/2025 was rejected on 10.06.2025. Therefore, he is before this Court.
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HC-KAR NC: 2025:KHC:28313 CRL.P No. 9794 of 2025
4.
Learned counsel for the petitioner submits that accused No.3 as against whom similar allegation is found has been granted regular bail by this Court in Crl.P.No.8663/2025. The petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition.
5. Learned HCGP, who has opposed the petition however does not dispute the submission made by learned counsel for the petitioner.
6. Perusal of the averments found in the first information would go to show that the allegation against the petitioner is that when the police had intercepted the motorbike, in which accused Nos.1 to 3 were traveling, accused No.2, who was riding the motorbike, instead of stopping the motorbike allegedly dashed the vehicle to the first informant and attempted to commit his murder.
7. Accused No.2, who was riding the motorbike has been granted anticipatory bail by the jurisdictional Sessions Court. Accused Nos.1 and 3 were riding pillion along with accused No.2. Accused No.3 has been granted regular bail by this Court
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HC-KAR NC: 2025:KHC:28313 CRL.P No. 9794 of 2025
in Crl.P.No.8663/2025. Therefore, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively on the ground of parity. Accordingly, the following order:-
8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.151/2025 registered by Chitradurga Rural Police Station, Chitradurga, for the offences punishable under Sections 109, 125, 132, 3(5) and 351(2) of BNS, 2023, subject to the following conditions:
a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the 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 his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
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HC-KAR NC: 2025:KHC:28313 CRL.P No. 9794 of 2025
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is
disposed off.
Sd/- (S VISHWAJITH SHETTY) JUDGE
NMS