Jamsheed Khan Vs State of Karnataka

THIS CRIMINAL PETITION IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO HIM IN S.C. NO.1601 / 2024 ORIGINATED FROM CRIME NO.396/2024 OF THE RESPONDENT SAMPIGEHALLI PS, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109 READ WITH SECTION 3(5) OF BHARATHIYA NYAY SANHITA, 2023 WHICH IS PENDING BEFORE THE HONBLE LVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU CITY.

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THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.2 in S.C.No.1601 of 2024 pending before LVI Additional City Civil and Sessions Judge at Bengaluru City, arising out of Crime No.396 of 2024 registered by Vidyaranyapura Police Station, Bengaluru for the offences punishable under Section 109 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS'), is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'the BNSS') seeking regular bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.396 of 2024 was registered in Vidyaranyapura Police Station, Bengaluru for the aforesaid offences against unknown persons based on the first information dated 28.09.2024 received from C M Manjunatha, who is the injured victim in the present case. During the course of investigation, the petitioner herein was arrested on 30.09.2024 and subsequently, remanded to the judicial custody. The investigation of the case is completed and the charge sheet has been filed against the accused persons. The bail application filed by the petitioner before the Trial Court in

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Crl.Misc.No.11639 of 2024 came to be dismissed on

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07.01.2025. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that the allegation of assault to the injured in the present case is against accused No.1. The last criminal case registered against the present petitioner was in the year 2020. The victim was a total stranger to the accused persons and only after they quarreled over a road rage, the alleged incident has taken place. Accordingly, prays to allow the petition.

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Per contra, learned Additional State Public Prosecutor for the respondent opposing the petition submits that the petitioner is a person of criminal antecedents and therefore, in the event, he is enlarged on bail, he may indulge in tampering the material witnesses. Accordingly, prays for dismissal of the petition.

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A perusal of the material on record would go to show that FIR was initially registered against unknown persons which would prima facie show that the accused and the injured victim are strangers to each other. During the course of investigation, the petitioner herein was arrested on 30.09.2024. After

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completion of the investigation, charge sheet has been filed against two persons. As per the charge sheet allegations, on 27.09.2024 the injured victim after attending a party, at about 1.30 a.m. on 28.09.2024 was returning home in his two wheeler. Accused Nos.1 and 2 who were traveling in a two wheeler bearing registration No.KA-04-KA-3835 allegedly dashed their motor bike to the motor bike of the first informant and as a result the first informant fell down. When the first informant raised hue and cry, accused Nos.1 and 2 came back to the spot in their motor bike and at the instance of accused No.2, accused No.1 who was riding pillion in the motor bike allegedly got down from the motor bike and assaulted the first informant with a knife and caused injuries.

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The medical record of the injured victim would go to show that he suffered two injuries, out of which, one injury is grievous in nature. The injured victim is already discharged from the hospital. His condition is said to be stable. The material on record would go to show that the allegation of assaulting the injured is only against accused No.1. Accused No.2 is in custody from 30.09.2024. The last criminal case registered against him was in the year 2020. The apprehension

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expressed by the learned Additional State Public Prosecutor can be taken care of by imposing appropriate condition. Accordingly, the following order:-

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The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.396 of 2024 of Vidyaranyapura Police Station, pending in S.C.No.1601 of 2024 before LVI Additional City Civil and Sessions Judge at Bengaluru City, registered for the offences punishable under Section 109 read with 3(5) of BNS, subject to the following conditions:

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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;

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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;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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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.

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f) Petitioner shall appear before the Station House Officer of Vidyaranyapura Police Station between 10.00 a.m. and 1.00 p.m. on every Sunday and mark his attendance regularly, till the case registered against him is disposed off.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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*bgn/CT:VS List No.: 1 Sl No.: 59

Jamsheed Khan v. State of Karnataka

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Jamsheed Khan v. State of Karnataka

Case brief

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