Mohammed Sameer Vs the State of Karnataka

MOHAMMED SAMEER S/O MOHAMMED RAFI AGED AOUT 19 YEARS STUDENT 2ND PUC R/AT. AREEZ MANZIL OPPOLO MEDICAL ROAD BEHIND KOTHI THOPU SYED PACHA MAKAN TUMAKUR TALUK & DIST. 572 101.

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…PETITIONER

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(BY SRI NAIK RAMACHANDRA RAMA, ADV.)

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AND:

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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THE STATE OF KARNATAKA THROUGH THILAK PARK POLICE STATION TUMAKUR, REP. BY S.P.P. HIGH COURT BUILDING AMBEDKAR VEEDI, BANGALORE - 01.

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(BY SRI K. NAGESHWARAPPA, HCGP)

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…RESPONDENT

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT THE BAIL IN C.C.NO.184/2025 (CR.NO.0112/2024) FOR THE OFFENCE P/U/S 352, 351(2), 126(2), 109(1), 115(2), 118(1), 3(5) OF BNS 2023 AND ADDITIONAL SECTIONS INSERTED IN CHARGE SHEET DATED 02.01.2025 AS 118(2), 189(2), 189(4), 191(2O, 191(3), 54 R/W 109 OF BNS, BY THE THILAK PARK POLICE STATION, TUMAKUR TALUK ON THE FILE OF 3RD ADDL. CIVIL JUDGE AND JMFC COURT, TUMKUR DISTRICT, TUMAKUR.

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NC: 2025:KHC:10540 CRL.P No. 2941 of 2025

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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 S VISHWAJITH SHETTY

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ORAL ORDER

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Accused no.5 in Crime No.112/2024 registered by Thilak Park Police Station, Tumakuru, for the offences punishable under Sections 352, 351(2), 126(2), 109(1), 115(2), 118(1) & 3(5) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.

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Heard the learned Counsel for the parties.

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FIR in Crime No.112/2024 was registered by Thilak Park Police Station, Tumakuru, initially for the aforesaid offences against one Hasen and another based on the first information dated 01.11.2024 received from injured victim Suheb Ahamad. During the course of investigation, petitioner was arrested on 04.11.2024 and remanded to judicial custody. In the charge sheet which was filed subsequently against seven accused persons, petitioner is arrayed as accused no.5. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.174/2025 was rejected on 10.02.2025. Therefore, he is before this Court.

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NC: 2025:KHC:10540 CRL.P No. 2941 of 2025

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4. Learned Counsel for the petitioner submits that petitioner

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is an youngster aged about 19 years having no criminal antecedents and is a student studying in second year PUC. Accused no.1 has been granted regular bail by this Court in Crl.P.No.102/2025 disposed of on 06.02.2025. Petitioner's name is not found in the FIR. Accordingly, he prays to allow the petition.

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Learned HCGP who has opposed the petition, does not dispute the submission made by the learned Counsel for the petitioner.

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The material on record would go to show that the name of the petitioner herein is not found in the FIR registered in the present case. The first informant is the injured in the present case and he has alleged that accused no.1 had assaulted him with a sickle and caused injuries on his left hand. He has also stated that the other persons who were along with accused no.1 had caught hold of him and assaulted him with hands and kicked with legs. Accused no.1 has been granted regular bail by this Court in Crl.P.No.102/2025 disposed of on 06.02.2025.

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NC: 2025:KHC:10540 CRL.P No. 2941 of 2025

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Accused no.7 as against whom similar allegations are found, has been granted regular bail by this Court in Crl.P.No.13037/2024 disposed of on 09.12.2024. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively on the ground of parity. Accordingly, the following order:

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The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.112/2024 registered by Thilak Park Police Station, Tumakuru, for the offences punishable under Sections 352, 351(2), 126(2), 109(1), 115(2), 118(1) & 3(5) of BNS, 2023, 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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