Shabbirahammad @ Faiyaz, S/o. Mahammadhanif Bijapur v. State of Karnataka
2025-05-08
G.BASAVARAJA
body2025
DigiLaw.ai
ORDER : G BASAVARAJA, J. On behalf of petitioners/accused 11 and 12, Criminal Petition No.101421/2025 is filed and on behalf of petitioners/accused 7 to 10, Criminal Petition No.101473/2025 is filed for release of above said accused on regular bail, as they are in judicial custody. 2. Sri Ramesh Chigari, learned Additional Government Advocate has filed written objections in both the cases and has reiterated the averments made in the statement of objections. 3. Heard the argument of the learned counsel on both sides and perused the records. 4. Learned counsels appearing for the petitioners/accused 7 to 12 have reiterated the averments made in the memorandum of petition and sought for bail. 5. On the basis of the complaint filed by Sri. Mehaboobsab S/o Mahammadali Nandikatti, the Mundgod Police have registered a case in Crime No.04/2025 against unknown accused for the offences punishable under Sections 140 (3), 351 (2), 3(5) of Bharatiya Nyaya Sanhita , 2023 (hereinafter referred to as ‘ BNS , 2023’ for brevity). After completion of investigation, the Investigating Officer has filed the charge-sheet against accused 1 to 13 for the offences punishable under Sections 140 (2), 140 (3), 61 (2), 109 (1), 310 (2), 351 (2) of BNS , 2023. The substance of the accusation made in the charge-sheet is as under: 6. It is submitted by the learned counsel appearing for the petitioners that the Investigating Officer has not recovered any amount from the possession of the present petitioners. The only allegation against the present petitioners is with regard to conspiracy and the accused are not required for further investigation. It is submitted that petitioner/accused 11 and 12 are in judicial custody from the date of their arrest i.e., 26.01.2025 and petitioners/accused 7 to 10 are in judicial custody from the date of their arrest i.e., 10.01.2025. The petitioners/accused are ready to abide by the conditions which may be imposed by this Court and sought for allowing the petitions. 7. Considering the fact that accused are not required for further investigation, so also, considering the nature, gravity of the offences, accusation made against the present petitioners/accused and previous antecedents of the present petitioners, at this stage, without expressing any opinion on the merits of the case, I am of the opinion that it is just and proper to allow the petitions putting the petitioners/accused on conditions. 8.
8. Accordingly, I proceed to pass the following: ORDER Both the Criminal Petitions are allowed. Petitioners/accused 11 & 12 in Criminal Petition No.101421/2025 and petitioners/accused 7 to 10 in Criminal Petition No.101473/2025 shall be released on bail in Crime No.04/2025 of Mundgod Police Station, Uttara Kannada District pending on the file of learned Prl.Civil Judge and JMFC, Mundgod, Uttara Kannada District, subject to the following conditions: i) The petitioners/accused 7 to 12 shall execute a self-bond for a sum of Rs.2,00,000/- (Rupees two lakhs only) each for the likesum with two sureties to the satisfaction of the trial Court. ii) The petitioners/accused 7 to 12 shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the court or to any police officer. iii) The petitioners/accused 7 to 12 shall not tamper the prosecution witnesses in any manner.