Criminal Petition No. 1946 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:9231 CRL.P No. 1946 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1946 OF 2025 BETWEEN: ASRAR PASHA S/O CHAND PASHA @ MOHAMAD HAYATH AGED ABOUT 29 YEARS R/AT JAMAL SAB PALYA NO.26, MAGADI TALUK KASABA HOBLI RAMANAGARA DIST - 562 120. (BY SRI MOHAMMED TAHIR, ADV.) AND:
Legal Reasoning
Digitally signed by NANDINI MS Location: High Court of Karnataka STATE BY REP BY STATE PUBLIC PROSECUTOR OFFICE AT ADVOCATE GENERAL HIGH COURT COMPLEX OPP. TO VIDHANA SOUDHA BANGALORE - 560 001. …PETITIONER …RESPONDENT
Legal Reasoning
(BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER/ ACCUSED NO.2 ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CC NO.7998/2023 ARISING OUT OF CR.NO.372/2022 MAGADI PS, NOW PENDING BEFORE THE HONBLE PRL. CIVIL JUDGE AND JMFC COURT AT MAGADI, RAMANAGARA DIST, FOR THE ALLEGED OFFENCES P/U/S 304 AND 506 R/W 34 OF IPC, PETITIONER ARRAYED AS ACCUSED NO.2. - 2 - NC: 2025:KHC:9231 CRL.P No. 1946 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 in Crime No.372/2022 registered by Magadi Police Station, Ramanagara, for the offences punishable under Sections 304, 506 and 34 of IPC, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.372/2022 was registered by Magadi Police Station, Ramanagara, initially for the offences punishable under Section 323 read with Section 34 of IPC against Navaz and petitioner herein on the basis of the first information received from Shajid Pasha. The allegation in the first information is that on 12.12.2022 at about 07.00 p.m., accused Nos.1 and 2, who had consumed alcohol came near the house of Javid Pasha, brother of first informant, for the purpose of smoking and when the same was objected by Javid Pasha, accused persons allegedly assaulted him with their hands and pushed him down. Javid Pasha, who fell down lost his consciousness. It is in this background first informant had - 3 - NC: 2025:KHC:9231 CRL.P No. 1946 of 2025 approached the police and based on his first information, FIR was initially registered for the offences punishable under Section 323 read with Section 34 of IPC against accused Nos.1 and 2. Injured Javid Pasha, who was admitted in the Hospital subsequently died in the Hospital on 10.01.2023. Thereafter, offences punishable under Sections 304 and 506 of IPC were invoked in the present case and charge sheet was filed against accused Nos.1 and 2. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.1074/2024 before the jurisdictional Sessions Court which was rejected on 09.01.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner has no other criminal antecedents. Accused No.1 who was arrested in the present case has been enlarged on bail. Even if the allegations found in the first information and charge sheet are presumed to be true, it is apparent that accused persons had no ill-will or motive against deceased, who was a stranger. Deceased had suffered injuries after he fell down on a stone in the alleged incident that had taken place on 12.12.2022. Accordingly, he prays to allow the petition. - 4 - NC: 2025:KHC:9231 CRL.P No. 1946 of 2025 5. Per contra, learned HCGP who has opposed the petition submits that petitioner has not cooperated with the police during investigation. Therefore, discretionary relief of anticipatory bail cannot be extended to him. Accordingly, she prays to dismiss the petition. 6. The material on record would go to show that on 12.12.2022 for the reason that Javid Pasha had objected for the accused smoking bangi near his house, accused allegedly had assaulted him with their hands and as a result, he had fallen on the ground. Thereafter, accused had left the place and first informant who found his brother unconscious had shifted him to Hospital and thereafter, had submitted first information based on which FIR in Crime No.372/2022 was registered against petitioner and another. It appears that injured Javid Pasha died in the Hospital on 10.01.2023. Accused No.1, who was arrested in the present case has been undisputedly enlarged on bail by the jurisdictional Sessions Court. In the charge sheet which is filed by the police after investigation, it is stated that as a result of fall of Javid Pasha on iron sheet and stone in the alleged incident that had taken place at about 07.00 p.m. on 12.12.2024 near his house, he had suffered head injuries and - 5 - NC: 2025:KHC:9231 CRL.P No. 1946 of 2025 therefore, he was admitted in NIMHANS Hospital at Bengaluru, however, he succumbed to the injuries and breathed his last on 10.01.2023. From the aforesaid, it is very clear that deceased had not suffered any injuries as a result of the assault made by the accused and it is only because of the fall on iron sheet and stone, deceased had suffered head injury. It appears that under the circumstances, police have invoked the offence punishable under Section 304 of IPC in the present case. Considering the nature of allegations as against the petitioner in the present case and also having regard to the undisputed fact that the petitioner has no other criminal antecedents, I am of the opinion that his prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.372/2022 registered by Magadi Police Station, Ramanagara, for the offences punishable under Sections 304, 506 and 34 of IPC, subject to the following conditions: - 6 - NC: 2025:KHC:9231 CRL.P No. 1946 of 2025 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE DN