Mohammed Ayub Pasha Vs State of Karnataka

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NC: 2025:KHC:1671 CRL.P No. 14350 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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CRIMINAL PETITION NO. 14350 OF 2024

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BETWEEN:

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MOHAMMED AYUB PASHA, (AS PER AADHAR CARD), S/O MOHAMMED AABID, AGED ABOUT 58 YEARS, R/AT: MADHUGIRI ROAD, HOSAHALLI, OBALAPURA TUMKUR DISTRICT - 572 106.

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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MOHAMMED MANSOOR PASHA, (AS PER AADHAR CARD) S/O MOHAMMED ABEED, AGED ABOUT 52 YEARS, R/AT: MADHUGIRI ROAD, HOSAHALLI, OBALAPURA, TUMKUR DISTRICT - 572 106.

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M SHAYYUBPASHA, (AS PER AADHAR CARD) S/O M ABID, AGED ABOUT 43 YEARS, R/AT: HOBALAPURA POST, KORA HOBLI, TUMKUR DISTRICT - 572 106.

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MOHAMMED AFSAR PASHA, (AS PER AADHAR CARD),

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NC: 2025:KHC:1671 CRL.P No. 14350 of 2024

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S/O MOHAMMED ABEED SAB, AGED ABOUT 39 YEARS, R/AT: MADHUGIRI ROAD, HOSAHALLI, OBALAPURA TUMKUR DISTRICT - 572 106.

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…PETITIONERS

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(BY SRI. NISHIT KUMAR SHETTY, ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY SHO, KORA POLICE STATION, TUMKUR, REPRESENTED BY: STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001.

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…RESPONDENT

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(BY MS. ASMA KOUSER, ADDITIONAL SPP)

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THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS)

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PRAYING TO RELEASE OF THE PETITIONERS ON REGULAR BAIL IN CR.NO.137/2024 OF KORA P.S., FOR THE OFFENCE P/U/S 109,115(2),126(2),352,351(2),190 OF BNS, PENDING ON THE FILE OF 6^TH ADDL. CIVIL JUDGE AND JMFC COURT, TUMKUR DISTRICT.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

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ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:1671 CRL.P No. 14350 of 2024

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Heard the learned counsel for petitioners, learned Additional SPP for the State and perused the material on record.

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Petitioners are arrested on 12.12.2024 in connection with Crime No.137/2024 of Kora Police Station registered for offences punishable under Sections 109, 115(2), 126(2), 352, 351(2) and 190 of BNS, 2023.

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The complaint is lodged by one Suheal Pasha s/o. Amanulla. It is alleged that in the Gram Panchayath election, one Naseer s/o. Abdul Abibsab had contested against the complainant and lost the election and therefore, the children of Abdul Abibsab were nursing illwill against him. In this back ground, on 06.12.2024 at about 11.00 a.m., when the complainant was proceeding along with one Ramesh, PDO of the Gram Panchayath in a car bearing Registration No.KA-01/MB-9177, near

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NC: 2025:KHC:1671 CRL.P No. 14350 of 2024

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Kuruveeraiahna Hatti, all the accused waylaid him and dragged him out of the car, abused and assaulted him with an intention to commit his murder.

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As per complaint averments, the accused have assaulted with hands. There appears to be political rivalry between the complainant and the children of one Abdul Abibsab. Petitioners are the children of Abdul Abibsab. It is contended by the learned counsel that complaint is politically motivated, petitioners are innocent and they are falsely implicated in this case.

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Learned High Court Government Pleader has made available the wound certificate of the

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complainant/injured. He has suffered pain in the occipital area, upper arm and abdomen region. The said injuries are said to be simple in nature. From the complaint averments, it cannot be said that there was any intention on the part of the petitioners to commit the murder of complainant. The ingredients of the offence alleged have to be established during trial. Petitioners

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5 - NC: 2025:KHC:1671 CRL.P No. 14350 of 2024

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have undertaken to furnish sufficient surety for their regular appearance before the Trial Court and to abide by other conditions. Their further detention in custody may not be necessary. Hence, the following:

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ORDER

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Petition is allowed.

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Petitioners/accused Nos.1 to 4 in Crime

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No.137/2024 of Kora Police Station, Tumkur, shall be enlarged on bail, subject to following conditions:

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They shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with a surety for the likesum to the satisfaction of the jurisdictional Court.

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