Sameer Pasha Vs State by Basavangudi Police Station — Bail and Remand | Karnataka HC (2025)

Sameer Pasha Vs State by Basavangudi Police Station — Bail and Remand | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioner/accused No.2 enlarged on bail in Crime No.100/2024 of Basavanagudi Police Station, Bengaluru, pending in C.C.No.32401/2024, subject to conditions: (1) personal bond of Rs.50,000 with two sureties for likesum; (2) furnish proof of residential address and inform the Court of any change; (3) not tamper directly or indirectly with prosecution witnesses; (4) not indulge in committing any offence; (5) mark attendance before the jurisdictional police station every Sunday between 11 a.m. and 1 p.m. for three months; (6) appear regularly before the trial Court on all dates of hearing; violation shall result in cancellation of bail.

Issue for consideration

Whether the petitioner/accused No.2, arraigned in Crime No.100/2024 of Basavanagudi Police Station, Bengaluru, for an offence punishable under Section 309 of BNS, 2023, is entitled to be enlarged on bail under Section 483 of BNSS, 2023.

Court's answer

Petition allowed; petitioner/accused No.2 in Crime No.100/2024 of Basavanagudi Police Station, Bengaluru, pending in C.C.No.32401/2024 on the file of the II Additional Chief Judicial Magistrate, Bengaluru, shall be enlarged on bail, subject to conditions.

Ratio / Principle

By imposing stringent conditions, petitioner can be admitted to bail.

Key takeaways

CW.2, the eye-witness relied on by the prosecution, had his statement recorded on 13.08.2024, that is, after the arrest of the accused.ratio¶39
Prior to the post-arrest statement of CW.2, the prosecution had not stated anywhere that the said witness had seen the accused persons snatching the chain from the victim.ratio¶39
Although the petitioner was arrested on 04.08.2024, the alleged recovery was effected only on 13.08.2024.ratio

Detailed headnote1 paragraphs

Bail granted — S.483 BNSS / S.309(4) BNS 2023 (chain-snatching): High Court of Karnataka (Mohammad Nawaz J), Criminal Petition No.13210 of 2024, decided 17-01-2025, allowed the petition and enlarged accused No.2, Sameer Pasha, on bail in Crime No.100/2024 of Basavanagudi Police Station, Bengaluru, pending in C.C.No.32401/2024 before the II Additional Chief Judicial Magistrate, setting aside the effect of the rejection of his bail application by the 60th Addl. City Civil & Sessions Judge, Bengaluru, on 15.11.2024 in Crl.Misc.No.9569/2024. Basis: eye-witness CW.2's statement was recorded on 13.08.2024 — after the arrest on 04.08.2024 — and prior to that neither the prosecution nor the complaint indicated he saw the snatching; the alleged recovery was likewise effected on 13.08.2024 despite the arrest on 04.08.2024. Hence, imposing stringent conditions — Rs.50,000 personal bond with two sureties for likesum, proof of residence, no tampering with witnesses, no commission of offences, attendance at the jurisdictional police station every Sunday (11 a.m.–1 p.m.) for three months, and regular trial attendance — the petitioner was admitted to bail; violation entails cancellation.

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NC: 2025:KHC:1897 CRL.P No. 13210 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13210 OF 2024

BETWEEN:

SAMEER PASHA S/O AKHTAR HUSSAIN AGED ABOUT 26 YEARS R/A NO.46, 3^RD MAIN, ISLAMPURA ANNASANDRA PALYA BANGALORE-560017. AND ALSO AT R/A NO.4, KSCB COLONY BHARATHNAGAR MYSORE-570017.

…PETITIONER

Digitally signed by LAKSHMI T Location: High Court of Karnataka

(BY SRI. SYED NAUSHIRVAN., ADVOCATE)

AND:

STATE BY BASAVANGUDI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560001.

…RESPONDENT

(BY SRI.HARISH GANAPATHY., HCGP)

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NC: 2025:KHC:1897 CRL.P No. 13210 of 2024

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.2 ON BAIL IN CR.NO.100/2023 (C.C.NO.32401/2024) FOR THE OFFENCE P/U/S 309(4) OF BNS ACT BY BASAVANAGUDI P.S. BENGALURU ON THE FILE OF THE 2^ND A.C.J.M BENGALURU; THE 60^TH ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU HAS REJECTED THE BAIL PETITION ON 15.11.2024 IN CRL.MISC.NO.9569/2024.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

This petition is preferred under Section 483 of BNSS, 2023 seeking to enlarge the petitioner/accused No.2 on bail in Crime No.100/2024 of Basavanagudi Police Station, Bengaluru registered for an offence punishable under Section 309 of BNS, 2023.

Heard both sides and perused material on

record.

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NC: 2025:KHC:1897 CRL.P No. 13210 of 2024

First Information Report was registered

against two unknown persons on a complaint lodged by one Smt. Uma B.S., wherein she has alleged that on 30.07.2024 while she was crossing

the road near Sumero Apartment, two unknown persons aged about 30-35 years, came on a Pulsar two wheeler and the pillion rider snatched the gold chain she was wearing and both sped away in their vehicle.

The petitioner came to be arrested on 04.08.2024. On the same day, accused No.1 was arrested. Gold chain was recovered at the instance of the petitioner. Charge sheet is filed for offence punishable under Section 309(4) of the BNS, 2023.

It is contended by the learned counsel for petitioner that according to the prosecution, on the basis of CCTV footages, the petitioner was identified as the culprit, but in the entire charge sheet, said

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NC: 2025:KHC:1897 CRL.P No. 13210 of 2024

material is not forthcoming. He has also drawn the attention of the Court to the statement of victim recorded on 13.08.2024 to contend that victim has not identified the accused, on the other hand, it is Police who showed the accused to the victim and told her that he has committed the offence.

Learned High Court Government Pleader

has contended that gold chain has been recovered in this case and same has been identified by the victim and therefore, there is a prima facie case against the petitioner. He further contended that there are four more cases in which petitioner is involved and therefore, he is a habitual offender and if he is enlarged on bail he may commit similar offences.

As per the seizure mahazar, gold chain weighing 35 grams is produced by the wife of accused on 13.08.2024.

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NC: 2025:KHC:1897 CRL.P No. 13210 of 2024

The prosecution has relied on the

statement of CW.2, an eye witness to the incident. His statement is recorded on 13.08.2024, that is after the arrest of accused. Prior to that, prosecution has not stated anywhere that said witness has seen the accused persons snatching chain from the victim. The same is also not forthcoming in the complaint. Even though the petitioner was arrested on 04.08.2024, alleged recovery is effected on 13.08.2024.

It is contended by the learned counsel

for petitioner that subsequent to the arrest of petitioner, he has been falsely implicated in two cases registered in the year 2024.

The petitioner is in judicial custody since 04.08.2024. He has undertaken to furnish surety and abide by any conditions.

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circumstances, by imposing stringent conditions, petitioner can be admitted to bail.

ORDER

[a] Petition is allowed.

[b] Petitioner/accused No. 2 in Crime No.100/2024 of Basavanagudi Police Station, Bengaluru pending in C.C.No.32401/2024 on the file of the Court of II Additional Chief Judicial Magistrate, Bengaluru, shall be enlarged on bail, subject to following conditions:

He shall execute a personal bond for a sum of Rs.50,000/(Rupees Fifty Thousand only) with two sureties for likesum to the satisfaction of the jurisdictional Court.

He shall furnish proof of his residential address and shall

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NC: 2025:KHC:1897 CRL.P No. 13210 of 2024

inform the Court, if there is change in the address.

He shall not directly or indirectly tamper with the prosecution witnesses.

He shall not indulge himself in committing any offence.

He shall mark his attendance before the jurisdictional Police Station on every sunday between 11am and 1pm for a period of three months.

He shall appear before the trial Court regularly on all dates of hearing.

Violation of any of the conditions shall result in

cancellation of bail.

Sd/(MOHAMMAD NAWAZ) JUDGE

NV

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