Criminal Petition No. 589 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:6305 CRL.P No. 589 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 589 OF 2025 (439(2)(Cr.PC) / BETWEEN: 483(3)(BNSS)) 1. MOHAMMAD JASEEL S/O LATE T ABDUL JABBAR, AGED ABOUT 23 YEARS, R/AT: NO.15-308, T.M. HOUSE, TALAPPADI, B. MOODA VILLAGE, BANTWAL TALUK, D.K. DISTRICT-574 211. 2. MOHAMMAD THUFAIL S/O LATE MOHAMMAD YAKU, AGED ABOUT 24 YEARS, R/AT: NO.10-20-990/1 ANSARI ROAD, NEAR KRISHAN MILL, BANDAR, MANGALURU, D.K. DISTRICT-575 001. PRESENTLY R/AT TALIPADPU HOUSE, SHANTHIYANGADY, B. MOODA VILLAGE, BANTWAL, D.K. DISTRICT-574 211. (BY SRI. LETHIF B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA
Facts
BANTWAL TOWN POLICE STATION, D.K. DISTRICT, REP. BY SPP, HIGH COURT BUILDING, Digitally signed by LAKSHMI T Location: High Court of Karnataka …PETITIONERS - 2 - NC: 2025:KHC:6305 CRL.P No. 589 of 2025 BANGALORE-560 001. 2. SHAHUL HAMID S/O BAWA BYARI, AGED ABOUT 52 YEARS, R/AT: PARLIYA, MADDA HOUSE, BATWAL TALUK, D.K. DISTRICT-574 211.
Legal Reasoning
the injured witnesses and therefore, there is a prima facie case against the petitioners. He has accordingly sought to dismiss the petition. 6. Though it is contended by the learned High Court Government Pleader that while arresting the petitioners, their signatures were taken on arrest memo and grounds of arrest were orally communicated to them, the Hon’ble Apex Court in the case of Prabhir Purkayastha V. State of Delhi reported in (2024) 8 SCC 254 has observed that the accused has a fundamental and statutory right to be informed about the grounds of arrest in writing and copy of such written grounds of arrest have to be furnished to an arrested person, as a matter of course and without exception at the earliest. Such a procedure seems to have been not followed in the present case as the grounds of arrest in writing are not placed and there are no material to show that the accused were informed in writing about the grounds of arrest. - 6 - NC: 2025:KHC:6305 CRL.P No. 589 of 2025 7. Be that as it may, there is a counter case registered in Crime No.188/2024 of Bantwala Town Police Station on a complaint lodged by one Mohammed Irfan, wherein the complainant in the present case is arraigned as accused No.1. The said case is registered against the complainant herein and three others for offences punishable under Section 324(4), 352, 351(2), 118(1), 109, 309(4) r/w 3(5) of BNS, 2023, in respect of the very same incident which took place on 11.12.2024 at about 1.30 – 1.40 a.m. 8. It is also pertinent to mention that in the FIR it is stated that the accused were armed with talwar and long and they assaulted the injured with the said weapon, whereas, in the remand application it is stated that the accused were not armed with talwar and long but they assaulted the injured with repiece patti, helmet and hands. 9. Accused No.1 has been enlarged on bail by this Court in Crl.P No.361/2025 vide order dated 07.02.2025. Considering the entire facts and circumstances, petitioners - 7 - NC: 2025:KHC:6305 CRL.P No. 589 of 2025 who are already arrested and interrogated can be admitted to bail by imposing stringent conditions. Accordingly, the following:
Arguments
(BY SRI. RANGASWAMY R., HCGP) …RESPONDENTS THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.187/2024 OF BANTWAL TOWN POLICE STATION, D.K. DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTION 61, 189(2), 191(2), 191(3), 329(4), 115(2), 118(1), 74, 352, 351(2), 109, 324(4), 309(4), 310(2) R/W 190 OF BNS AND SECTION 12 OF POCSO ACT PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC-1 (POCSO), D.K., MANGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. Petitioners are arraigned as accused Nos.3 and 9 respectively in Crime No.187/2024 of Bantwala Town Police Station, Dakshina Kannada District registered for - 3 - NC: 2025:KHC:6305 CRL.P No. 589 of 2025 offences punishable under Section 61, 189(2), 191(2), 191(3), 329(4), 115(2), 118(1), 74, 352, 351(2), 109, 324(4), 309(4), 310(2), 190 of BNS, 2023 and Section 12 of POCSO Act, 2012. 3. In the complaint lodged by one Shahul Hameed S/o Bava Beary, he has alleged that on 11.12.2024 at about 1.30 a.m., when he and his family members were asleep, accused persons, in all 15, forming an unlawful assembly armed with deadly weapons came in different vehicles and trespassed into his house with an intention to commit his murder. They abused him and his family members in filthy language and assaulted them with sword, rod etc., and also pushed complainant’s eight months pregnant daughter, causing grievous injuries to her abdomen. Further, they inappropriately touched his minor daughter who was asleep, hit her face, snatched a gold chain weighing 2 sovereigns and robbed a cash of Rs.30,000/- kept on the table and damaged the household articles etc. - 4 - NC: 2025:KHC:6305 CRL.P No. 589 of 2025 4. Learned counsel for petitioner has contended that the petitioners are arrested on 15.12.2024 and at the time of arrest grounds of arrest were not furnished to them. He contended that the entire allegations against the petitioners are false and there is a counter case registered against the complainant and others in respect of the very same incident, which he has suppressed. He further contended that accused No.1 is already enlarged on bail by this Court. Therefore, seeks to enlarge the petitioners on bail. 5. Learned High Court Government Pleader has opposed the prayer for bail contending that there are specific overt acts against the petitioners that they have assaulted the injured with deadly weapons like iron rod and talwar and three persons have sustained grievous injuries. He contended that the grounds of arrest were orally communicated to the petitioners and their signatures were taken on the arrest memo. He further contended that there are several eye witnesses including - 5 - NC: 2025:KHC:6305 CRL.P No. 589 of 2025
Decision
ORDER (i) Petition is allowed. (ii) Petitioners/accused Nos.3 and 9 in Crime No.187/2024 of Bantwala Town Police Station, Dakshina Kannada, pending on the file of the Court of Additional District and Sessions Judge, FTSC-I, (POCSO) Mangaluru, shall be enlarged on bail, subject to following conditions: 1. They shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. - 8 - NC: 2025:KHC:6305 CRL.P No. 589 of 2025 3. They shall not directly or indirectly tamper with the prosecution witnesses. 4. They shall not indulge themselves in committing any offence. 5. They shall appear before the trial Court regularly on all dates of hearing. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 37 Ct:ar