Ajaj Mirdaha @ Ajai Vs the State

AJAJ MIRDAHA @ AJAI S/O THAMEEJ MIRDARHA, AGED ABOUT 30 YEARS PRESENTLY R/AT C/O SHANKAREGOWDA, TURUVEKERE, TUMKUR DISTRICT - 572 227. PERMANENTLY R/AT SONARDA BANDA THOLI, BALASOTA POST, BANDARA, LOHARDA DISTRICT, JHARKHAND - 835 235.

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…PETITIONER

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(BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE)

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Digitally signed by KAVYA R Location: High Court of Karnataka

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AND:

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THE STATE REPRESENTED BY THE STATION HOUSE OFFICER, KUNIGAL POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

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…RESPONDENT

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(BY SMT. ASMA KOUSER, ADDL. SPP)

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2 - NC: 2025:KHC:21210 CRL.P No. 5998 of 2025

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HC-KAR

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THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER HEREIN IN CONNECTION WITH IN S.C.NO.122/2024 ARISING OUT OF CR.NO.0136/2025, DATED 26.03.2024 PERTAINING TO KUNIGAL FOR THE OFFENCES P/U/S 397, 307, 448 OF IPC AND SEC. 25 OF THE ARMS ACT, NOW PENDING ON THE FILE OF HONBLE COURT OF VI ADDL. DIST AND SESSIONS JUDGE, TUMAKURU.

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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.1 in SC No.122/2024 pending before the 6^th Additional District and Sessions Judge arising out of Crime No.136/2025 registered by the Kunigal Police Station, Tumakuru for the offence punishable under Sections 397, 307, 448 of the Indian Penal Code and Section 25 of the Arms Act, is before this Court under Section 439 of BNSS 2023 seeking regular bail.

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Heard the learned counsel for the parties.

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3 - NC: 2025:KHC:21210 CRL.P No. 5998 of 2025

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HC-KAR

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FIR in Crime No.136/2025 was registered by Kunigal Rural police station, Tumakuru for the aforesaid offences against unknown persons based on the first information received on 26.03.2024 from Pushpalatha.

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During the course of investigation of the case, the petitioner herein was arrested on 31.03.2024 and subsequently remanded to Judicial custody. After completing investigation, charge sheet has been filed against three persons and petitioner is arrayed as accused No.1 in the charge sheet. The bail application filed by the petitioner herein before the jurisdictional Sessions Court in Crl.Misc.Pet.No.1557/2024 was rejected on 19.11.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that Accused No.2 has been enlarged on bail by this Court in Crl.P. No.3781/2024. Petitioner has no criminal antecedents. Investigation of the case has already been completed and the charge sheet is filed. Therefore, he prays to allow the petition.

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NC: 2025:KHC:21210 CRL.P No. 5998 of 2025

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HC-KAR

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Per contra, the learned Additional SPP, who has opposed the petition, however, does not dispute the submission made by the learned counsel for the petitioner. She submits that the petitioner hails from Jharkhand State and in the event he is enlarged on bail, it would be difficult to secure his presence.

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FIR in the present case was registered for the aforesaid offences against unknown persons. During the course of investigation of the case, accused Nos.1 and 2 were arrested on 31.03.2024 and subsequently remanded to judicial custody. Investigation of the case has been completed and charge sheet is filed. As per the charge sheet allegations, accused Nos.1 and

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2 had entered into the house of the first informant on 26.03.2024 at about 3.10 p.m., and one amongst them had forcibly snatched a bag, in which, a sum of Rs.3,00,000/- was kept inside the house. When Ganganna, the father of the first informant tried to pull the bag from the said person, he allegedly took out a pistol and threatened Ganganna, who is the father of the first informant. When the accused persons tried to flee away from the spot, Ganganna tried to chase them

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5 - NC: 2025:KHC:21210 CRL.P No. 5998 of 2025

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HC-KAR

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and one of the accused fired towards Ganganna and in the said incident, Ganganna had suffered a injury on his leg and therefore, he was admitted to the hospital.

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During the course of investigation, accused Nos.1 and 2 were arrested. After completing investigation, charge sheet has been filed against three persons. As per the charge sheet allegation, accused Nos.1 and 2, who were wearing helmets had entered the house of the first informant on 26.03.2024 at about 3.10 pm and had requested CW2 - Jayalakshmi to provide them a glass of water. When she went inside the house to bring water, the accused persons started searching the house for valuables and when CW1-Pushpalatha raised a cry, her father CW3-Ganganna questioned accused Nos.1 and 2 and tried to catch hold of them. Accused No.1 took of a pistol and fired towards CW3-Ganganna and thereafter accused Nos.1 and 2, ran away from the house. When CW3Ganganna tried to chase them, the accused No.1 once again fired towards him and when CW3 made an attempt to escape, he fell down and as a result, suffered one simple injury and one grievous injury on his leg. From the aforesaid it is apparent that

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NC: 2025:KHC:21210 CRL.P No. 5998 of 2025

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HC-KAR

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CW3- Ganganna has not suffered any injury as a result of assault made by the accused persons or as a result of firing by accused No.1 from his pistol towards Ganganna.

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In the further statement of the first informant, she has stated that though in the first information it was stated that a sum of Rs.3,00,000/- was robbed from their house, subsequently, it was found that the said amount was found inside their house and therefore, it is also apparent that the accused persons have not robbed any valuables from the house of the first informant. Undisputedly, the petitioner is in custody for the last more than one year. Trial in the case is yet to commit. The apprehension expressed by the learned ASPP can be taken care of by imposing appropriate conditions. Accordingly, the following:-

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ORDER

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The petition is allowed.

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The petitioner is directed to be enlarged on bail in Cr.No.136/2024 registered by Kunigal Police Station, Tumkur, for the offences punishable under Sections 397, 307, 448 of

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NC: 2025:KHC:21210 CRL.P No. 5998 of 2025

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HC-KAR

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IPC and Sections 3 and 25 of Arms Act, subject to the following conditions:

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a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties (of which, atleast one shall be local surety) 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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d) The petitioner shall not involve in similar offences in future;

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8 - NC: 2025:KHC:21210 CRL.P No. 5998 of 2025

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HC-KAR

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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SNC List No.: 2 Sl No.: 10 CT: BHK

Ajaj Mirdaha @ Ajai v. the State

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Ajaj Mirdaha @ Ajai v. the State

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