- 1 - HC-KAR NC: 2025:KHC:31780 CRL.P No. 10760 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10760 OF 2025 BETWEEN: MR. B. RAHEEM S/O B MOHAMMED, AGED ABOUT 34 YEARS, R/AT BEETIGE HOUSE, CHARMADI, BELTHANGADY TALUK, DAKSHINA KANNADA, KARNATAKA 574 228 …PETITIONER (BY SRI M.S. SHYAM SUNDAR, SENIOR COUNSEL FOR SMT/KUM. YUKTHA N., ADVOCATE) AND: STATE OF KARNATAKA BY DHARMASTHALA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU 560001 …RESPONDENT (BY SRI. R RANGASWAMY., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.35/2025 DATED 27.06.2025 BEFORE DHARMASTHALA POLICE STATION FOR THE OFFENCES P/U/S 352, 115(2), 118(2), 351(2), 109 R/W 3(5) OF BNS, 2023, PENDING ON THE FILE OF THE ADDL.CIVIL JUDGE AND JMFC COURT, BELTHANGADY DAKSHINA KANNADA AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31780 CRL.P No. 10760 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER 1. Heard learned Senior counsel appearing for the petitioner, learned HCGP for the State. Perused the material on record. 2. Petitioner, arraigned as accused No.1 in Crime No.35/2025 of Dharmasthala Police Station, Belthangadi Rural Circle, Dakshina Kannada District, registered for the offences punishable under Sections 352, 115(2), 118(2), 351(2), 109 r/w Section 3(5) of BNS, 2023, has preferred this petition under Section 483 of BNSS, 2023, to enlarge him on bail. 3. A perusal of the complaint lodged by one Sri Mahammad Thousid A. would reveal that on account of financial dispute between the petitioner and the complainant, wherein the petitioner owed a sum of `62,700/- to the complainant, a quarrel took place on 25.06.2025 at about 2.30 p.m. and in the said quarrel, petitioner and another accused by name Mahammad Fayaz - 3 - HC-KAR NC: 2025:KHC:31780 CRL.P No. 10760 of 2025 alleged to have abused and assaulted the complainant with a soda bottle and caused injuries to his left eye and tried to stab him with a knife. 4. It is alleged that when the complainant along with one Muneer was talking near the shop of one Mansoor, at about 02.30 p.m., both the accused came in the Alto car bearing registration number KA-19-MD-9338, abused the complainant, assaulted him with hands and kicked him. Muneer and one Safwan Ahmad tried to pacify the quarrel. Petitioner herein went inside the shop and returned with a soda bottle, broke it with an intention to assault the complainant on his head and while trying to assault, complainant evaded the blow, but sustained injuries to his left eye. Further, accused Fayaz brought a knife from the car and tried to stab the complainant, but both Muneer and Safwan Ahmad intervened and stopped him from causing fatal blow. Thereafter, the accused threw the soda bottle at the spot and fled away with the knife, leaving the car at the spot. - 4 - HC-KAR NC: 2025:KHC:31780 CRL.P No. 10760 of 2025 5. Learned HCGP contended that the injury sustained by the complainant is grievous in nature and in view of his statement, there is a prima facie case against the petitioner, therefore he is not entitled for the relief of bail. 6. Learned Senior counsel would contend that the incident has taken place in a sudden quarrel, in view of the financial transactions between the petitioner and the complainant and there was no motive for the accused, as alleged by the prosecution to commit the murder. Even the petitioner has sustained injuries in the incident, which has been suppressed by the complainant. A case is also registered against the complainant and another accused. The petitioner was arrested from the hospital, while undergoing treatment for his injuries. Therefore, he submits that by imposing any condition, petitioner may be enlarged on bail. 7. As could be seen from the complaint averments, the incident took place on account of a financial dispute - 5 - HC-KAR NC: 2025:KHC:31780 CRL.P No. 10760 of 2025 between the petitioner and the complainant. The fact that the complainant has sustained an injury to his left eye is reflected in the wound certificate. As per wound certificate, he has sustained one injury to his left eye, stated to be grievous in nature. However, the fact remains that a case is also registered against the complainant and another accused on a complaint lodged by the petitioner herein in Crime No. 36/2025 for the offences punishable under Section 115(2), 118(1), 351(2) r/w Section 3(5) BNS, 2023. It is seen that two persons including the petitioner herein have sustained injuries in the incident. It is stated that accused No.2 has been granted bail by the learned Sessions Judge. 8. The learned HCGP contended that, the petitioner is a rowdy sheeter and if released, he will commit similar offence. However, the learned Senior counsel for the petitioner contended that rowdy sheet opened against the petitioner was closed long back and the petitioner has been falsely implicated in this case. - 6 - HC-KAR NC: 2025:KHC:31780 CRL.P No. 10760 of 2025 9. The petitioner was arrested on 28.06.2025 and he has been interrogated. He is not required for further interrogation. Considering the entire facts and circumstances, by imposing conditions, petitioner can be admitted to bail. Accordingly, the following: ORDER Petition is allowed. Petitioner/accused No.1 in Crime No.35/2025 of Dharmasthala Police Station, Belthangadi Rural Circle, Dakshina Kannada District, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of `50,000/- (Rupees fifty thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. - 7 - HC-KAR NC: 2025:KHC:31780 CRL.P No. 10760 of 2025 3. He shall not leave the jurisdiction of the trial Court without prior permission of the learned Judge. 4. He shall not tamper with the prosecution witnesses either directly or indirectly. 5. He shall appear before the trial Court on all dates of hearing without fail. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE BS - List No.: 1 Sl No.: 61