- 1 - HC-KAR NC: 2025:KHC:28145 CRL.P No. 9059 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. 9059 OF 2025 BETWEEN: 1. MR. JAVID PASHA S/O MOKTHAR PASHA AGED ABOUT 34 YEARS, R/AT NO.43/2, HEGGURU ROAD MEHADI NAGAR KIRUGAVALU POST AND VILLAGE MALAVALLI TALUK MANDYA DISTRICT-571 401. …PETITIONER (BY SRI. HASHMATH PASHA, SENIOR COUNSEL FOR SRI. MOHAMMED MUBARAK, ADVOCATE) AND: 1. STATE OF KARNATAKA KIRUGAVALU POLICE STATION MANDYA DISTRICT-571 401. (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001. …RESPONDENT (BY SMT. ASMA KAUSER, ADDL.SPP) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28145 CRL.P No. 9059 of 2025 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.43/2025 OF KIRUGAVALU P.S., MALAVALLI TALUK FOR OFFENCES PUNISHABLE UNDER SECTIONS 152, 192 AND 340 OF BNS, PENDING ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE, AT MANDYA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.43/2025 registered by Kirugavalu Police Station, Mandya for the offences punishable under Sections 152, 192 and 340 of the Bharatiya Nyaya Sanhita, 2023 is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. F.I.R. in Crime No.43/2025 was registered by Kirugavalu Police Station, Mandya for the aforesaid offences against the petitioner herein on the basis of the - 3 - HC-KAR NC: 2025:KHC:28145 CRL.P No. 9059 of 2025 first information dated 09.05.2025 received from one Mahesh M., Police Constable attached to Kirugavalu Police Station, Mandya. During the course of investigation of the case, the petitioner was arrested on 09.05.2025 and subsequently, remanded to judicial custody. His bail application filed before the Jurisdictional Sessions Court in Crl.Misc.No.418/2025 was rejected on 12.06.2025. Therefore, he is before this Court. 4. Learned Senior Counsel appearing for the petitioner submits that so far as the offence punishable under Section 152 of BNS, 2023 is concerned, the Co- ordinate Bench of this Court in Crl.P.No.8402/2025 vide order dated 23.07.2025 has stayed the invocation of Section 152 of BNS, 2023 against the petitioner. The maximum punishment for the other two offences is imprisonment for a period of three years. The petitioner is in custody for last more than two months. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:28145 CRL.P No. 9059 of 2025 5. Per contra, learned Addl. SPP who has opposed the petition does not dispute the submission made by the learned Senior Counsel for the petitioner. 6. F.I.R. in the present case was registered for the offences punishable under Sections 152, 192 and 340 of BNS, 2023 against the petitioner based on the first information submitted by Mahesh M., Police Constable attached to Kirugavalu Police Station, after he had come across a post in the facebook account of the petitioner which according to him endangered the sovereignty, unity and integrity of India. Learned Senior Counsel for the petitioner has brought to the notice of this Court that invocation of Section 152 of BNS, 2023 against the petitioner in the present case has been stayed by the Co- ordinate Bench of this Court in Crl.P.No.8402/2025 by order dated 23.07.2025 and he has also filed a memo to that effect. Learned Addl. SPP has not disputed the submission made by the learned Senior Counsel for the petitioner. Insofar as other two offences invoked against - 5 - HC-KAR NC: 2025:KHC:28145 CRL.P No. 9059 of 2025 the petitioner are concerned, the maximum punishment for the same is imprisonment for a period of three years. The petitioner is in custody in the present case for more than two months. It is stated that petitioner has no criminal antecedents. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail is required to be answered in affirmative. Accordingly the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.43/2025 of Kirugavalu Police Station, Mandya registered for the offences punishable under Sections 152, 192 and 340 of the Bharatiya Nyaya Sanhita, 2023 subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2025:KHC:28145 CRL.P No. 9059 of 2025 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; 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 PGG List No.: 1 Sl No.: 47