Criminal Petition No. 8063 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:23405 CRL.P No. 8063 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8063 OF 2025 BETWEEN: 1. MR. SYED TANVEER S/O SYED ALEEM AGED 26 YEARS R/A NO.259 SYED WADI CHANNAPATNA RAMANAGARA DISTRICT - 562 160. 2. MR. SALMAN KHAN S/O TOUSHEED KHAN AGED 24 YEARS R/A NO.1292, BABURAO STREET CHANNAPATNA RAMANAGARA DISTRICT - 562 160. 3. MR SYED SAMEER S/O SYED ALEEM AGED 21 YEARS R/A NO.259 SYED WADI CHANNAPATNA, RAMANAGARA DISTRICT - 562 160.
Legal Reasoning
(BY SRI VIKAS M, ADV.) AND: STATE OF KARNATAKA BY CHANNAPATNA EAST P.S Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA …PETITIONERS - 2 - NC: 2025:KHC:23405 CRL.P No. 8063 of 2025 HC-KAR BY SPP HIGH COURT OF KARNATAKA, BANGALORE - 560 001. (BY SMT. RASHMI PATEL, HCGP) …RESPONDENT THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT TO RELEASE THE PETITIONER NO.1 TO 3/ ACCUSED NO.2 TO 4 ON BAIL IN THE EVENT OF ARREST IN CONNECTION WITH CR.NO.18/2025 BY CHANNAPATNA EAST P.S. PENDING IN THE COURT OF IST ADDL.CIVIL JUDGE (JR.DN) AND J.MF..C COURT CHANNAPATNA, RAMANAGARA DISTRICT FOR THE OFFENCE P/U/S 189(2),191(2),191(3),115(2),118(1),351,352,109,190 OF BNS 2023. 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 Nos.2 to 4 in Crime No.18/2025 registered by Channapatna East Police Station, Ramanagara, for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 352, 351, 109 and 190 of BNS, 2023, are before this Court under 482 of BNSS, 2023, seeking anticipatory bail. - 3 - NC: 2025:KHC:23405 CRL.P No. 8063 of 2025 HC-KAR 2. Heard the learned counsel for the parties. 3. FIR in Crime No.18/2025 was registered by Channapatna East Police Station, Ramanagara, for the aforesaid offences against Idayath and five others based on the first information dated 11.04.2025 received from Azan Khan. Apprehending arrest in the case, petitioners herein, who are arraigned as accused Nos.2 and 4 in the FIR, had filed Crl.Misc.No.396/2025 before the jurisdictional Sessions Court which was rejected against them by order dated 02.06.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that victim has not suffered any injuries in the incident in question. In the alleged incident that had taken place on 10.04.2025, accused Nos.4 and 5 also have suffered injuries. However, since injuries were simple, no criminal case was registered against the persons, who had assaulted them. Petitioners are ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. - 4 - NC: 2025:KHC:23405 CRL.P No. 8063 of 2025 HC-KAR 5. Per contra, learned HCGP has opposed the petition. He submits that accused No.2/petitioner No.1 is a person with criminal antecedents. Accordingly, he prays to dismiss the petition. 6. In the first information which is submitted by the victim on 11.04.2025, he has stated that on 09.04.2025 at about 11.00 p.m. when he was drinking water in a tea hotel, the water jug fell from his hand and water spilled on two strangers who were consuming tea in the hotel. The said strangers who are named by the first informant as accused Nos.2 and 3 in the FIR, allegedly assaulted the first informant with their hands and with the water jug and thereafter had left the place. On 10.04.2025 at about 02.00 a.m. when the first informant and his brother were returning from a marriage, about 6-8 persons armed with weapons allegedly chased them with an intention to assault them. First informant and his brother allegedly had managed to escape. Thereafter, on the very same day at about 07.30 p.m., once again about 10-12 persons, who were armed with weapons allegedly made an attempt to assault the first informant and his brother and even in the said attempt, first - 5 - NC: 2025:KHC:23405 CRL.P No. 8063 of 2025 HC-KAR informant and his brother managed to escape. It is under these circumstances, on the next day i.e., on 11.04.2025, first informant had approached the police. 7. From a reading of the first information, it is very clear that first informant was assaulted by accused Nos.2 and 3 in the hotel after the water jug fell down from the hand of the first informant and water spilled over accused Nos.2 and 3. In the said incident, first informant has not suffered any injuries. In the other two incidents that had taken place on 10.04.2025 though attempts were made to assault first informant and his brother, first informant and his brother had managed to escape. Therefore, it is apparent that first informant and his brother have not suffered any injuries in the incident in question. Petitioners have undertaken to cooperate with the police for the purpose of investigation. Since learned HCGP has brought to the notice of this Court that accused No.2 is a person with criminal antecedents, appropriate conditions are required to be imposed while granting him bail. Accordingly, following order:- - 6 - NC: 2025:KHC:23405 CRL.P No. 8063 of 2025 HC-KAR 8. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners/accused Nos.2 to 4 in the event of their arrest in Crime No.18/2025 registered by Channapatna East Police Station, Ramanagara, for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 352, 351, 109 and 190 of BNS, 2023, subject to the following conditions: 1. The Petitioners 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/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. - 7 - NC: 2025:KHC:23405 CRL.P No. 8063 of 2025 HC-KAR 5. Accused No.2/petitioner No.1 shall appear before the SHO of Channapatna East Police Station, Ramanagara, on every alternative Sunday and mark his attendance between 10.00 a.m. and 01.00 p.m., till investigation is completed and charge sheet is filed in the present case. SD/- (S VISHWAJITH SHETTY) JUDGE DN