Shakih Khan Alias Saqib Alias Starboy Shakib Vs State by Hebbala Police Station

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1 - NC: 2025:KHC:20822 CRL.P No. 7719 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7719 OF 2025

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BETWEEN:

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SHAKIH KHAN @ SAQIB @ STARBOY SHAKIB, S/O ASLAM KHAN, AGED ABOUT 19 YEASR, R/AT NO.17, KUSUMAS RENTED HOUSE, 6TH A CROSS, BESIDE TIRUMALA BAKERY, KANAKANAGARA, HEBBALA, BENGALURU - 560 024.

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SYED ZABI @ ZABI, S/O ILIYAZ PASHA, AGED ABOUT 21 YEASR, R/AT NO.46, 4TH CROSS, Digitally BABUREDDY LAYOUT, signed by NEAR PHILOMINA SCHOOL, KAVYA R BHUVANESHWARI NAGARA, Location: High Court of MANORAYANAPALYA, HEBBALA Karnataka BENGALURU - 560 024.

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…PETITIONERS

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(BY SRI. GIREESHA R J., ADVOCATE)

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AND:

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STATE BY HEBBALA POLICE STATION, BENGALURU - 560 024, REPRESENTED BY SPP,

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2 -

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NC: 2025:KHC:20822 CRL.P No. 7719 of 2025

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HC-KAR

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HIGH COURT BUILDING, BENGALURU - 560 001.

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…RESPONDENT

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(BY ASMA KAUSER., ADDITIONAL SPP)

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN CR.NO.70/2025 FOR THE OFFENCE P/U/S 115(2), 118(2), 324(4), 352 R/W 3(5) OF BNS 2023 AND SEC.25(1B) (b) OF ARMS ACT REGISTERED BY THE HEBBALA P.S. BENGALURU NOW PENDING ON THE FILE OF HONBEL 8TH A.C.M.M COURT BENGALURU.

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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 Nos.2 and 3 in Crime No.70/2025 registered

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by Hebbal Police Station, Bengaluru City, for offences punishable under Sections 115(2), 118(2), 324(4), 352 read with Section 3(5) of BNS, 2023 and Section 25(1B)(b) of Arms Act are 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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3 - NC: 2025:KHC:20822 CRL.P No. 7719 of 2025

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HC-KAR

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FIR in Crime No.70/2025 was registered by Hebbal Police Station, Bengaluru City, initially for offences punishable under Sections 115(2), 118(2), 324(4) read with Section 3(5) of BNS, 2023 against Afu and others, based on the first information dated 30.04.2025 received

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from injured victim Azeem s/o Syed Mehaboob.

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During the course of investigation of the case, petitioners herein who are arraigned as accused Nos.2 and 3 in the FIR were arrested on 02.05.2025 and subsequently remanded to judicial custody. Bail application filed by the petitioners before the Jurisdictional Sessions Court in Crl.Misc.No.3963/2025 was rejected on 27.05.2025. Therefore, petitioners are before this Court.

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Perusal of the material on record would go to show that the accused persons and the injured are all friends and in the alleged incident that had taken place on 29.04.2025, injured victim Azeem has suffered one injury, which is certified as a simple injury in his wound

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4 - NC: 2025:KHC:20822 CRL.P No. 7719 of 2025

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HC-KAR

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certificate. Allegation of assaulting injured victim Azeem is found in the FIR against accused No.1-Afu @ Afthab Pasha who was arrested along with the petitioners and was subsequently remanded to judicial custody.

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Though, the learned Additional SPP has opposed the bail application filed by the petitioners on the ground that accused Nos.2 and 3 are persons with criminal antecedents. It is not in dispute that in the earlier criminal case registered against them, they are already enlarged on bail and so far as the present case is concerned, there is no allegation as against them about assaulting injured victim Azeem, who has suffered only one injury, which is certified as a simple injury in his wound certificate. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-

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ORDER

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The petition is allowed .

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5 - NC: 2025:KHC:20822 CRL.P No. 7719 of 2025

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HC-KAR

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The petitioners are directed to be enlarged on bail in Crime No.70/2025 registered by Hebbal Police Station, Bengaluru City, for offences punishable under Sections 115(2), 118(2), 324(4), 352 read with Section 3(5) of BNS, 2023 and Section 25(1B)(b) of Arms Act subject to the following conditions:

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a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/(Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;

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c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioners shall not involve in similar offences in future;

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NC: 2025:KHC:20822 CRL.P No. 7719 of 2025

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6 -

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HC-KAR

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e) The petitioners 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)

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JUDGE

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KVR List No.: 2 Sl No.: 6

Shakih Khan Alias Saqib Alias Starboy Shakib v. State by Hebbala Police Station

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Shakih Khan Alias Saqib Alias Starboy Shakib v. State by Hebbala Police Station

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