Mr.Hamzala @ Mohammed Hamzal Vs the Station House Officer

THE STATION HOUSE OFFICER D.J. HALLI POLICE STATION, BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU - 560001.

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…RESPONDENT

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(BY SRI. B.N. JAGADEESHA, ADDL. SPP)

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THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST BY THE RESPONDENT POLICE D.J HALLI P.S. PENDING BEFORE XI A.C.M.M BENGALURU IN CR.NO.411/2025 P/U/S 109(1), 115(2), 352 R/W 3(5), 351(2) OF BNS ACT.

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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 M.NAGAPRASANNA

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ORAL ORDER

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Petitioners - accused Nos.1, 2 and 5 are before the Court seeking grant of anticipatory bail for it having been turned down by the concerned Court.

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3 - NC: 2026:KHC:21738 CRL.P No. 15175 of 2025

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HC-KAR

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Heard Sri. S.M. Hasamani, learned counsel

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appearing for the petitioners, Sri. B.N. Jagadeesha, learned Addl. SPP appearing for the respondent and have perused the material on record.

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During the subsistence of the subject petition, it transpires that accused No.1 was taken into custody and has been granted regular bail. Therefore, the present petition insofar as accused No.1 is concerned, is rendered infructuous.

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The petitioners get embroiled in a crime in Crime No.411/2025 for offences punishable under Sections 109(1), 115(2), 352 read with Sections 3(5) and 351(2) of the BNS, 2023. The heinous offences alleged being the attempt to murder as obtaining under Section 109 of the BNS, 2023.

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In the light of accused Nos.1, 3 and 4 being enlarged on bail, petitioner Nos.2 and 3 - accused Nos.2 and 5 are entitled to grant of anticipatory bail as is sought for on parity though the other accused are released on regular bail.

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4 -

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NC: 2026:KHC:21738 CRL.P No. 15175 of 2025

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HC-KAR

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In that light, the petition stands disposed granting

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anticipatory bail to petitioner Nos.2 and 3 - accused Nos.2 and 5.

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For the aforesaid reasons, the following:

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O R D E R

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[I] This Criminal Petition is allowed.

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[II] Petitioner Nos.2 and 3 are ordered to be released on bail in the event of their arrest in Crime No.411/2025 of Devarajeevanahalli Police Station, pending on the file of the learned XI Additional Chief Metropolitan Magistrate Bengaluru, subject to the following conditions:

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i) Petitioner Nos.2 and 3 shall surrender themselves before the Investigating Officer and shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the like-sum to the satisfaction of the concerned Investigating Officer;

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ii) Petitioner Nos.2 and 3 shall not indulge in hampering the investigation and tampering the prosecution witnesses;

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5 -

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NC: 2026:KHC:21738 CRL.P No. 15175 of 2025

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HC-KAR

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iii) Petitioner Nos.2 and 3 shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for;

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iv) Petitioner Nos.2 and 3 shall not leave the jurisdiction of the Court without prior permission of the Investigating Officer, till the charge sheet is filed or for a period of three months whichever is earlier; &

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v) Petitioner Nos.2 and 3 shall appear before the jurisdictional police once in 15 days and mark their presence.

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vi) In the event of violation of any of the above terms, the above bail shall stand automatically cancelled.

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vii) The observations made above are only for the purpose of consideration of the application for anticipatory bail and the same shall not in any manner influence the trial. The trial Court shall consider the case on its merits and without being influenced by this order.

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Sd/(M.NAGAPRASANNA) JUDGE

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SJK List No.: 3 Sl No.: 6 CT:SG

Mr.Hamzala @ Mohammed Hamzal v. the Station House Officer

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Mr.Hamzala @ Mohammed Hamzal v. the Station House Officer

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