Sri Waheed Vs State of Karnataka

THIS CRL.P IS FILED U/S 483 OF BNSS PRAYING TO PASS AN ORDER GRANTING REGULAR BAIL THEREBY ENLARGING THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN C.C. NO. 1300/2025 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, CHANNAPATNA U/S 189(2), 191(2), 191(3), 126(2), 109, 115(2), 54, 74 AND 190 OF BNS, 2023 REGISTERED ON THE BASIS OF THE CHARGE SHEET FILED BY THE CHANNAPATNA EAST POLICE IN CRIME NO. 47/2025 AND ETC.,

¶26

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶27

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

¶28

3 -

¶29

NC: 2026:KHC:12988 CRL.P No. 503 of 2026

¶30

HC-KAR

¶31

ORAL ORDER

¶32

The petitioner, who is arraigned as accused No.1, is before this Court seeking for grant of regular bail in C.C.No.1300/2025 pending on the file of Civil Judge and JMFC, Channapatna, arising out of Crime No.47/2025 registered by the respondent-police for the offences punishable under Sections 109, 115(1), 191(3), 191(2), 189(2), 54, 74 r/w 190 of the Bharatiya Nyaya Sanhita, 2023.

¶33

Brief facts of the case:

¶34

The case of the prosecution is that the

¶35

complainant Smt. Yasmeen Taj, wife of Mehaboob Khan, lodged a complaint stating that her son Junaid Khan was working as a Welder. It is further stated that the house of Peer Saheb is situated opposite to a hair cutting shop. Junaid Khan and the daughter of Peer Saheb, namely Sadiya, were having good terms with each other. Peer Saheb, after having noticed that the son of the

¶36

4 - NC: 2026:KHC:12988 CRL.P No. 503 of 2026

¶37

HC-KAR

¶38

complainant was in good terms with his daughter, picked up quarrel with the family members of the complainant and threatened them that he should maintain the distance from his daughter.

¶39

On 12.08.2025, during night hours, the son of the complainant, namely Junaid Khan, was sitting near hair cutting shop. The petitioner came to the spot and questioned the said Junaid Khan as to why he was sitting near the hair cutting shop and why he was watching the movements of his sister. It is further stated that the petitioner had threatened the son of the complainant with dire consequences.

¶40

On 13.08.2025, around 10.30 a.m., Peer Saheb along with the petitioner and son-in-law assaulted the son of the complainant with knife and caused injuries to him. The complainant approached the jurisdictional police and lodged a complaint. A case came to be registered in Crime No.47/2025 for the aforesaid offences and he is judicial custody.

¶41

NC: 2026:KHC:12988 CRL.P No. 503 of 2026

¶42

5 -

¶43

HC-KAR

¶44

Heard Mr. Manoj S.N., learned counsel for the

¶45

petitioner and Mr. B. Lakshman, learned High Court Government Pleader for respondent - State.

¶46

The submission of the learned counsel for the petitioner is that, the complaint was lodged by the complainant against Junaid Khan and his family members which came to be registered as Crime No.51/2025. In fact, a false case has been registered against the petitioner in order to threaten the family members of the petitioner.

¶47

It is further submitted that the injured, namely Junaid Khan/CW.2, was insisting the sister of the petitioner to love and marry him. Though C.W.2 was advised properly to keep away from the company of the sister of the petitioner, C.W.2 was following her when she was going to school and threatening her that he would kidnap her. Consequently, she was forced to quit the education. Apart from that, even after she left the school,

¶48

6 - NC: 2026:KHC:12988 CRL.P No. 503 of 2026

¶49

HC-KAR

¶50

CW.2 tried to follow her and used to sit in front of the house of the petitioner and was doing some gestures to the sister of the petitioner.

¶51

It is further submitted that the present petitioner is the resident of Yarab Nagara, Channapatna town, Ramanagara District. He is aged about 22 years and he is the earning member of the family. Therefore, he may be enlarged on bail, by imposing suitable conditions. Making such submissions, learned counsel for the petitioner prays to allow the petition.

¶52

Per contra, learned High Court Government Pleader for respondent - State vehemently submitted that the petitioner is the brother of the victim. It is alleged that CW.2 was insisting the sister of the petitioner not only to love him, but, also pressurizing her to marry him. In fact, there was a quarrel between the family members regarding the dispute. However, the said dispute has not been resolved properly and amicably. In fact, CW.2 and

¶53

7 - NC: 2026:KHC:12988 CRL.P No. 503 of 2026

¶54

HC-KAR

¶55

his family members quarrelled with the petitioner and family members of the petitioner had assaulted CW.2 and his family members. There is a case and counter case. The petitioner deliberately assaulted CW.2 and caused injuries with an intention to commit his murder. Therefore, he has rightly been arrested by the respondent – Police. Hence, it is not proper to grant him bail. Making such submissions, learned High Court Government Pleader prays to reject the petition.

¶56

Heard the learned counsel for the respective parties and perused the averments of the charge sheet. The averments of the charge sheet would indicate the photographs of the injured wherein CW.2/injured had sustained severe injuries on the vital parts of the body. However, those injuries, as per the wound certificate, are simple in nature. Considering the nature of the offence, injuries sustained to the victim, it is appropriate to grant him bail, by imposing suitable conditions that would take care of the apprehension of the prosecution.

¶57

8 -

¶58

NC: 2026:KHC:12988 CRL.P No. 503 of 2026

¶59

HC-KAR

¶60

Hence, I proceed to pass the following:

¶61

ORDER

¶62

(i) The Criminal Petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in C.C.No. 1300/2025 pending on the file of Civil Judge and JMFC, Channapatna, arising out of Crime No.47/2025 of respondent-police for the offences stated supra , on executing personal bond in a sum of Rs.1,00,000/(Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court.

¶63

(iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court.

¶64

9 - NC: 2026:KHC:12988 CRL.P No. 503 of 2026

¶65

HC-KAR

¶66

(iv) The petitioner shall appear before the Trial Court on all hearing dates without fail.

¶67

In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.

¶68

Sd/(S RACHAIAH) JUDGE

¶69

BSS List No.: 1 Sl No.: 35

Sri Waheed v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Waheed v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sri Venkataravana M v @ Giri Vs the State of Karnataka

Syed Anees @ Hari Vs the State of Karnataka by

Ankanayaka H S @ Ankappa Vs State by

Mr Ramesh Vs State by

Mr.Parasuram, Vs the State of Karnataka by Vidyanagara Police Station

Punitha @ Kulla Puni Vs the State of Karnataka