MR. MOHAMMED TOUFIQ @TOUFIQ v. STATE OF KARNATAKA BY D. J. HALLI POLICE STATION,
CRL.P/13730/2025 · 2025-12-15
Shivashankar Amarannavar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 89988 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89988 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:53044 CRL.P No. 13730 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13730 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN:
1.
MR. MOHAMMED TOUFIQ @TOUFIQ S/O MR. MOHAMMED SAMIULLA AGED ABOUT 35 YEARS RESIDING AT NO. 318, MADINA MOHALLA D. J. HALLI, BANGALORE-560045 AADHAAR NO 79809681 1036
…PETITIONER
(BY SRI. SIDDAPPAJI S.,ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY D. J. HALLI POLICE STATION, BANGALORE REPRESENTED BY LD.
STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001
…RESPONDENT
(BY Smt.B PUSHPALATHA, HCGP)
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:53044 CRL.P No. 13730 of 2025
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE/RELEASE THIS PETITIONER/ACCUSED NO.4 IN CR NO.0379/2017 SC NO.586/2018 AND SPLIT UP SC NO.1522/2023 ON BAIL FOR THE ALLEGED OFFENCES PUNISHBLE UNDER SECTION 302 READ WITH 34 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER This petition is filed by accused No.4 under Section 439 of Cr.PC praying to grant bail in SC No.1522/2023 (Crime No.379/2017 of Devajeevanahalli Police Station) pending on the file the learned 66th Additional City Civil and Sessions Judge at Bengaluru registered for the offence punishable under Section 302 read with Section 34 of IPC.
2. Heard the learned counsel for petitioner and learned Additional State Public Prosecutor for respondent/State.
3. The petitioner was granted bail earlier in Crime No.379/2017 of Devarajeevanahalli Police Station in Crl. P. No.7347/2018 by order dated 13.12.2018. After grant of
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HC-KAR NC: 2025:KHC:53044 CRL.P No. 13730 of 2025
bail, the petitioner was released on bail, and thereafter, he was appearing in the sessions case. It is submitted that, due to miscommunication, the petitioner could not appear before the Sessions Court, and NBW was issued against him, and he has been secured on 22.04.2025, and he is in judicial custody. Now the petitioner has deposited Rs.50,000/- in SC No.586/2018 towards forfeited bond amount. The said amount deposited requires to be appropriated to the State towards forfeited bond amount.
4. Considering the above aspects, the petitioner is entitled for grant of bail with conditions. In the result, the following:
ORDER i) The petition is allowed. ii) The petitioner is granted bail in S.C No.1522/2023 (Crime No.379/2017 of Devajeevanahalli Police Station) pending on the file the learned 66th Additional City Civil and Sessions Judge at Bengaluru
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HC-KAR NC: 2025:KHC:53044 CRL.P No. 13730 of 2025
registered for the offences punishable under Section 302 read with Section 34 of IPC subject to following conditions a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner shall attend the Trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. The Trial Court shall appropriate the amount in deposit in a sum of Rs.50,000/- deposited by the petitioner towards forfeited bond amount of Rs.1,00,000/- to the State. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
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