MR.MOHAMMED SHAHID @ SHAHID QURESHI @ KHURESHI v. THE STATE
CRL.P/9948/2025 · 2025-08-20
Mohammad Nawaz
body2025
DailyLaw.ai
[ 2025 DAILYLAW 86178 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 86178 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:32350 CRL.P No. 9948 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9948 OF 2025 BETWEEN:
MR. MOHAMMED SHAHID @ SHAHID QURESHI @ KHURESHI S/O RAFEEQ AHMED QURESHI AGED ABOUT 25 YEARS R/A 3RD CROSS, CHARKPETE, SHIVAMOGGA, 577201 …PETITIONER (BY SRI. MALATESH H., ADVOCATE)
AND:
THE STATE - THROUGH THE POLICE INSPECTOR, PAPER TOWN POLICE STATION, BHADRAVATHI, SHIVAMOGGA DISTRICT.
(REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU …RESPONDENT (BY SRI. K NAGESWARAPPA., HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT AN ORDER OF REGULAR BAIL TO THE PETITIONER BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA SITTING AT BADRAVATHI IN CONNECTION WITH CRIME NO.12/2025 OF PAPER TOWN POLICE STATION, BHADRAVATHI, SHIVAMOGGA DISTRICT AND PENDING ON THE FILE OF THE PRL.CIVIL JUDGE (JR.DN) AND JMFC COURT AT BHADRAVATHI SHIVAMOGGA, DISTRICT FOR THE OFFENCES P/U/S 132, 121(1), 109(1), 61, 58(b), OF BNS ACT 2023 AND U/S 3 AND 25 IB OF ARMS ACT 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
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HC-KAR NC: 2025:KHC:32350 CRL.P No. 9948 of 2025
CORAM:
HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER Heard learned counsel for the petitioner and learned HCGP for the State. Perused the material on record. 2. Petitioner is seeking to enlarge him on bail in Crime No.12/2025 of Paper Town Police Station registered for the offence punishable under Sections 132, 121(1), 109(1), 61 and 58(b) of the BNS, 2023 and Sections 3 and 25(1B) of the Arms Act, 1959. 3. Complaint is lodged by the Police Inspector of Paper Town Police Station, Shimoga, based on which, the above case was registered against 14 named accused and three others. 4. On completion of investigation, charge sheet is filed against accused Nos.1 to 14, wherein, petitioner is arrayed as accused No.8. He was arrested on 27.02.2025 and in judicial custody since then. - 3 -
HC-KAR NC: 2025:KHC:32350 CRL.P No. 9948 of 2025
5. It is alleged that on 22.02.2025 at about 11.00 a.m., the complainant had sent a Head Constable on patrolling duty. Said Head Constable informed him that 10 to 15 persons have assembled on the road of old Hiriyuru village with an intention to commit murder of some person. Immediately, the complainant along with the staff and Panchas went to the spot and apprehended seven accused out of eleven accused persons and from their possession, recovered longs, dagger, chilli powder, jerkin and a two wheeler. According to prosecution, all the accused had assembled at the spot i.e., near Amala Maatha Hospital, old Hiriyuru village, making preparation to commit some offence and from their possession weapons, chilli powder etc., were recovered. 6. Accused Nos.1, 12 and 13 are granted bail by this Court in Crl. P. Nos.5036/2025 and 7477/2025. Accused Nos.5 and 7 are granted bail in Crl.P. No.9808/2025. - 4 -
HC-KAR NC: 2025:KHC:32350 CRL.P No. 9948 of 2025
7. Investigation is complete and charge sheet is already filed. The allegations against all the accused are same. The said allegations have to be proved by the prosecution during trial. Similarly placed accused have been enlarged on bail. 8. Learned HCGP has contended that petitioner is a habitual offender and there are several cases registered and pending against him, hence, he is not entitled for bail. In the case on hand, the allegation is that the petitioner along with other accused had assembled at the spot to commit some offence.
Same is a matter which has to be established during trial. Since similarly placed accused are already enlarged on bail, by imposing stringent conditions, petitioner can be admitted to bail. Accordingly, the following:
ORDER Petitioner/accused No.8 in Crime No.12/2025 of Paper Town Police Station, Shimoga shall be enlarged on bail, subject to following conditions:
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HC-KAR NC: 2025:KHC:32350 CRL.P No. 9948 of 2025
1. He shall execute a personal bond for a sum of `1,00,000/- (Rupees one lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.
2. He shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons.
3. He shall not directly or indirectly threaten or tamper the prosecution witnesses.
4. He shall not involve in similar offences in future.
5. He shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed of. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE BS - List No.: 1 Sl No.: 33