Ashwak Khan @ Ashu @ Rafiq Khan Vs State by Shivaji Nagar Ps — Bail and Remand | Karnataka HC (2025)

Ashwak Khan @ Ashu @ Rafiq Khan Vs State by Shivaji Nagar Ps — Bail and Remand | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioner/accused No.2 enlarged on regular bail in S.C.No.606/2014 (Crime No.205/2013, Shivajinagar Police Station) subject to: personal bond of Rs.50,000 with two sureties for the likesum; proof of residential address with intimation of change; no direct or indirect tampering with prosecution witnesses; no indulgence in any offence; appearance before the trial Court on every date of hearing; violation of any condition to result in cancellation of bail.

Issue for consideration

Whether the petitioner, arraigned as accused No.2 in Crime No.205/2013 of Shivajinagar Police Station (S.C.No.606/2014), should be enlarged on regular bail under S.439 CrPC / S.483 BNSS. +1 more

Court's answer

The criminal petition is allowed.

Ratio / Principle

Petitioner/accused No.2 in S.C.No.606/2014 pending before the 66th Additional City Civil and Sessions Judge at Bengaluru (CCH-67) (Crime No.205/2013 of Shivajinagar Police Station, Bengaluru City) shall be enlarged on bail, subject to conditions including furnishing proof of residential address, not tampering with prosecution witnesses, not committing any offence, and appearing before the trial Court on every date of hearing; violation of any condition shall result in cancellation of bail.

Key takeaways

As a condition of bail, the petitioner shall execute a personal bond of Rs.50,000 (Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.ratio¶46
Further detention of the petitioner in custody is not required, considering that the evidence of the victim CW.1 has already been recorded.ratio¶38
Notwithstanding his earlier absence, the petitioner's voluntary surrender on 12.08.2025, continuous judicial custody since then, undertaking to appear before the trial Court regularly, residence at the address shown in the cause title, and readiness to offer adequate surety weigh in favour of his enlargement on bail.

Detailed headnote1 paragraphs

Criminal Petition under S.439 CrPC (filed under S.483 BNSS) allowed by the High Court of Karnataka (Mohammad Nawaz, J., 19.09.2025); petitioner Ashwak Khan @ Ashu @ Rafiq Khan, accused No.2 in S.C.No.606/2014 arising out of Crime No.205/2013 of Shivajinagar Police Station (offences u/S.363, 307, 504 r/w 34 IPC), enlarged on regular bail. Although initially granted bail on 30.11.2013, the petitioner remained absent, leading to warrants and a proclamation dated 18.12.2018; his challenge in W.P.No.22370/2025 was disposed of on 24.07.2025 with liberty to approach the trial Court, and the proclamation warrant and NBW were kept in abeyance. He surrendered on 12.08.2025, but the Sessions Judge rejected his bail application on 21.08.2025 observing that, despite knowledge of the case, he had remained absent and might flee from justice. The High Court held further detention unnecessary since the evidence of victim CW.1 stood already recorded (counsel pointing out that CW.1 attributed the assault to accused Nos.1 and 3 and is now no more), and noted the petitioner's voluntary surrender, judicial custody since surrender, undertaking to attend regularly, fixed residence and offer of adequate surety. Bail granted on a personal bond of Rs.50,000 with two sureties for the likesum, with conditions against witness tampering and fresh offences and requiring attendance on every hearing date; violation to entail cancellation.