Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 83985 (KAR)

MOHAMMAD SHAROZ v. STATE OF KARNATAKA

CRL.P/14219/2025 · 2025-12-04

Shivashankar Amarannavar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:50793 CRL.P No. 14219 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14219 OF 2025 BETWEEN: MOHAMMAD SHAROZ, S/O. ABDUL RAHAMAN, AGED ABOUT 28 YEARS, R/AT 4-188, B.M.COTTAGE, KRISHNAPURE, 4TH BLOCK, MANGALORE, KATIPALLA, D.K.DISTRICT -575 030. …PETITIONER (BY SMT. POOJA KATTIMANI, ADVOCATE FOR SRI. DINESHKUMAR RAO K.,ADVOCATE) AND: STATE OF KARNATAKA, BY PADUBIDIRI POLICE STATION, UDUPI DISTRICT - 574 111, REPRESENTED BY STATE PUBLIC PROSEUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001. …RESPONDENT (BY SMT. B. PUSHPALATHA, ADDITIONAL SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE PETITIONER ON REGULAR BAIL IN CR.NO.89/2025 OF PADUBIDRI P.S. UDUPI PENDING ON THE FILE OF ADDL.CIVIL JUDGE (SR.DN) AND A.C.J.M COURT UDUPI AT UDUPI (OFFENCES REGISTERED UNDER SEC.121(1), 132, 109, 303(2),112,3(5) OF BNS 2023 UNDER SEC.4,5,12 OF KARNATAKA PREVENTION OF COW SLAUGHTER AND CATTLE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50793 CRL.P No. 14219 of 2025 PREVENTION ACT 2020, UNDER SEC.11(1)(D) OF PREVENTION OF CRUELTY TO ANIMALS ACT 1960 UNDER SEC.66(1) AND 192(A) OF INDIAN MOTORS VEHICLES ACT 1998 AND SEC.2 OF KARNATAKA PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT 1981. 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 accused No.1 under Section 483 of BNSS, praying to grant bail in Crime No. 89/2025 of Padubidri Police Station, Udupi District, registered for offences punishable under Section 121(1), 132, 109, 303(2) and 112 read with Section 34 of BNS 2023, Section 4, 5, 12 of Karnataka Prevention of Cow Slaughter and Cattle Prevention Act, 2020, Section 11(1)(D) of Prevention of Cruelty to Animals Act,1960, Section 66(1) and 192(a) of Motor Vehicles Act and Section 2 of Karnataka Prevention of Destruction and Loss of Property Act, 1981. - 3 - HC-KAR NC: 2025:KHC:50793 CRL.P No. 14219 of 2025 2. Heard the learned counsel for petitioner and the learned Additional SPP for respondent-State. 3. Learned counsel for petitioner would contend that the injured have sustained only simple injuries. Investigation is going on pertaining to CC No.81/2025 against the petitioner and as he is involved in that case, he has been falsely implicated in the present case. There is no reference regarding the said CC No.81/2025 in the present case. The maximum sentence that can be awarded for offences alleged is 'imprisonment upto 10 years'. The petitioner is involved in 10 cases. In view of filing of the chargesheet, petitioner is not required for custodial interrogation. With this, she prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that the petitioner is having criminal antecedents involved in commission of similar offences. The petitioner while carrying cattle in a fortuner car, when intercepted by police staff CW1, with an intent to kill him, petitioner/ - 4 - HC-KAR NC: 2025:KHC:50793 CRL.P No. 14219 of 2025 accused No.1 ran over the car on CW1 and in order to escape, he fell down and the car ran over on his hand and he has sustained simple injury. Thereafter, the car was taken on reverse and it dashed to CW9 (PC No. 2636). He fell down and sustained injury on his right shoulder and little finger. Thereafter, the said car was taken reverse and it dashed to a patrolling private van KA.20.AC.6129 and damaged to the extent of ₹1,30,000/- and CW11, who was standing by its side, has also sustained injury to his left hand. The patrolling van, due to the impact of dashing the car by the accused, went behind and dashed to CW-28's car KA.30.N.0286 and it sustained damage to the extent of ₹1,45,000/-. At that time, police officials have surrounded petitioner/ accused No.1 and caught him and at that time, accused No. 3 sat in driving seat of the car and drove it and dashed to the car of CW29, KA.20.MH.8062 which caused damage to the extent of ₹40,000/-. Thereafter, he drove the car, alighted two cattle and three cattle were in the car and they ran away. Considering the said aspect, - 5 - HC-KAR NC: 2025:KHC:50793 CRL.P No. 14219 of 2025 the petitioner has obstructed the police in discharge of their duty, tried to assault and attempted to kill them by dashing his car and caused the injuries and caused damage to the other vehicles. 5. The petitioner is involved in 10 cases for having committed similar offences. That indicates that the petitioner is having criminal antecedents. The offence alleged against the petitioner under Section 109 is punishable with 'imprisonment for life'. Considering the above aspect, the petitioner has not made out any grounds for grant of bail. 6. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE tsn* List No.: 1 Sl No.: 9