Nadeem Khan Vs State by K.S. Layout Ps

THIS CRL.P IS FILED UNDER SECTION 438 (FILED UNDER SECTION 482 BNSS) Cr.P.C PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN CR.NO.257/2018 (SPLIT UP C.C.No.27174/2021) FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 307,324,504,506 READ WITH SECTION 34 OF IPC PENDING BEFORE THE HON’BLE 30^th ACMM AT BENGLAURU BY DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE AND ETC.,

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NC: 2025:KHC:39646 CRL.P No. 13514 of 2025

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HC-KAR

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No. 2 under

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Section 438 of Cr.P.C./482 of BNSS, 2023 seeking anticipatory bail in respect of crime No. 257/2018 pending in C.C. No. 27174/2021 registered for offence punishable under Sections 307, 324, 504, 506 read with Section 34 of IPC pending on the file of XXX Additional Chief Metropolitan Magistrate, Bengaluru.

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Heard learned counsel for petitioner and learned Additional SPP for respondent – State.

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Learned counsel for petitioner would contend that

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the petitioner was not aware of registration of any criminal case against him. He is permanently residing in No. 416, 14^th Cross, Iliaz Nagar, near Jamiya Masgid, Bengaluru south, J.P.Nagar, Bengaluru and his Aadhar card also indicates the said address and copy of it is enclosed with the

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HC-KAR

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petition. He further submits that only on coming to know through the Police about the pendency of the case registered against him he sought anticipatory bail. He further submits that allegation against the petitioner is assaulting C.W.2 and wound certificate indicates that C.W.2 has sustained simple injury. He further submits that petitioner undertakes to appear in the criminal case registered against him and cooperate for speedy disposal.

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Per contra learned Additional SPP appearing for the respondent – State would contend that the incident had taken place in the year 2018 and charge sheet has been filed. Case has been registered in C.C. No. 304/2020 and inspite of issuance of NBW, petitioner has not appeared in the said case and therefore, case against him has been split up and it is pending in C.C. No. 27174/2021. Petitioner remained absconding for more than 7 years and therefore he is not entitled for grant of anticipatory bail.

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Having heard learned counsel for the parties the Court has perused the materials placed on record.

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NC: 2025:KHC:39646 CRL.P No. 13514 of 2025

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HC-KAR

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Petitioner is accused No. 2 in crime No. 257/2018

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of Kumaraswamy Layout Police Station registered for offence punishable under Sections 307, 324, 504, 506 read with Section 34 of IPC. Charge sheet has been filed in the said crime for the said offences and case has been registered in C.C. No. 304/2020. Petitioner who has been arraigned as accused No. 2 has not appeared in the said criminal case and therefore, case against him has been split up and now it is pending in C.C. No. 27174/2021. Copy of Aadhar card produced along with the petition would indicate that the petitioner is residing in the address mentioned supra. In the complaint also it is stated that he is residing in Iliaz Nagar. In paragraph No. 11 of the order passed by the Sessions Court there is a mention that inspite of issuing repeated NBWs the Police could not secure the presence of the petitioner. Wound certificate indicates that C.W.2 who is said to have been assaulted by the petitioner/accused No. 2 has sustained simple injury. The petitioner has undertaken to appear in the criminal case and cooperate for speedy

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HC-KAR

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disposal of the case. Considering the said aspect, the petitioner has made out ground for grant of anticipatory bail with conditions.

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In the result, the following;

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O R D E R

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Petition is allowed. Petitioner is granted anticipatory bail in crime No. 257/2018 of Kumarawsamy Layout Police Station pending in C.C. No. 27174/2021 on the file of XXX Additional Chief Metropolitan Magistrate, Bengaluru, subject to the following conditions.

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I. Petitioner – accused No. 2 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court.

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