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2025 Supreme(Online)(Kar) 17161

KARNATAKA HIGH COURT
S.VISHWAJITH SHETTY, J
SHRI MALIK @ MALIKJAN S/O. ISMAIL METIPATIL – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRIMINAL PETITION NO. 102115 OF 2025 (439(CR.PC)/483(BNSS))



Advocates:
For the Appellants/Petitioners: SMT. PRIYANKA HANUMANTH PAWAR
For the Respondents: SMT. KIRTILATA R. PATIL

The court may grant bail when the accused is a first-time offender with no criminal antecedents and the investigation is complete.

Headnote:This judgment analyses the application for bail under Section 439 of the Karnataka Criminal Procedure Code and Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner, accused No. 2 in Crime No. 116/2025, was arrested and denied bail by the Sessions Court. The court noted that the petitioner has no prior criminal record and the investigation is complete. The main issue was whether the criteria for granting bail were met and concluded with favorable findings for the petitioner. Ultimately, the petition was allowed and bail granted with certain conditions.

Table of Content
1. criteria for seeking regular bail. (Para 1 , 3)
2. conditions for granting bail and court observations. (Para 4)

(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)

Accused No.2 in Crime No.116/2025 registered by Athani Police Station, Belagavi for offences punishable under Sections 118 (2), 109(1), 352, 351(2) read with Section 3 (5) of Bharatiya Nyaya Sanhita , 2023, is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita , 2023, seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.116/2025 was registered by Athani Police Station, Belagavi for the aforesaid offences against Asif Ismail Metipatil and two others, based on the first information dated 21.03.2025 received from Sagar Ramana Biradarpatil Patel. During the course of investigation, the petitioner herein who is arraigned as accused No.2 in the FIR, was arrested on 26.04.2025 and remanded to judicial custody. His bail application filed before the Jurisdictional Sessions Court in Crl. Misc. No.10075/2025 was rejected on 05.05.2025. Therefore, he is before this Court.

4. Accused No.1 has been granted regular bail by this Court in Criminal Petition No.101799/2025. Undisputedly the victims in the present case have suffered only simple injuries in the incident in question. Petitioner is aged about 19 years having no criminal antecedents is in custody from 26.04.2025. Investigation of the case is already completed and charge sheet has been filed. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.

Accordingly, the following:

ORDER The criminal petition is allowed.

The petitioner / accused No.2 is ordered to be enlarged on bail in Crime No.116/2025 of Athani Police registered for offences punishable under Sections 118 (2), 109(1), 351(1), 352 read with Section 3 (5) of Bharatiya Nyaya Sanhita , 2023, on the following conditions.

(i) The petitioner / accused No.2 shall execute a personal bond in a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall not tamper the prosecution witnesses.

(iii) The petitioner shall attend the jurisdictional Court regularly.

(iv) The petitioner shall mark his attendance before the jurisdictional Police on first Sunday of Every month between 10 a.m. to 5 p.m. for a period of six months or till filing of the final report, whichever is earlier.

(v) The petitioner shall not involve in similar offences.

Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail.

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