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2025 Supreme(Online)(Kar) 17612
KARNATAKA HIGH COURT
S VISHWAJITH SHETTY, J
MR. JAVID PASHA – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRIMINAL PETITION NO. 9059 OF 2025
For the Appellants/Petitioners: SRI. HASHMATH PASHA, SRI. MOHAMMED MUBARAK
For the Respondents: SMT. ASMA KAUSER
A defendant's bail can be granted when in custody for an extended period, alongside the absence of prior criminal background and where one of the offences has been stayed.
Headnote:(A) Bharatiya Nyaya Sanhita, 2023 - Sections 152, 192, and 340 - The petitioner sought regular bail after being arrested and denied bail at the Sessions Court - The invocation of Section 152 has been stayed by the Co-ordinate Bench - The maximum punishment for the remaining offences is imprisonment for three years - Petitioner has been in custody for over two months without prior criminal antecedents. (Paras 4, 6 via Order)
(B) Bail - Grant of bail depends on the nature of the offence, duration of custody, and the absence of criminal antecedents - Herein, the court emphasizes the necessity of maintaining personal and public safety while providing the chance for the accused to defend themselves. (Paras 6)
Facts of the case:
The petitioner was arrested on charges filed due to a social media post which allegedly threatened national integrity, resulting in a registered FIR.
Findings of Court:
The Court held that the petitioner is eligible for bail considering the length of custody and lack of prior offences.
Issues: The court addressed the legality of the arrest, the nature of the offences, and whether the bail could be granted based on existing stay orders.
Ratio Decidendi: The court concluded that the petitioner's imprisonment duration, lack of prior convictions, and the stay on one offence warranted the granting of bail.
Result: The petition is allowed, bail granted under specified conditions.
| Table of Content |
|---|
| 1. final ruling granting bail under specified conditions. (Para 1) |
| 2. petitioner arrested based on fir for social media post. (Para 3) |
| 3. legal arguments presented regarding eligibility for bail. (Para 4 , 5) |
| 4. court's observation on the nature of charges and duration of custody. (Para 6) |
ORAL ORDER
Accused in Crime No.43/2025 registered by Kirugavalu Police Station, Mandya for the offences punishable under Sections 152 , 192 and 340 of the 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. F.I.R. in Crime No.43/2025 was registered by Kirugavalu Police Station, Mandya for the aforesaid offences against the petitioner herein on the basis of the first information dated 09.05.2025 received from one Mahesh M., Police Constable attached to Kirugavalu Police Station, Mandya. During the course of investigation of the case, the petitioner was arrested on 09.05.2025 and subsequently, remanded to judicial custody. His bail application filed before the Jurisdictional Sessions Court in Crl.Misc.No.418/2025 was rejected on 12.06.2025.
Therefore, he is before this Court.
4. Learned Senior Counsel appearing for the petitioner submits that so far as the offence punishable under Section 152 of BNS , 2023 is concerned, the Co- ordinate Bench of this Court in Crl.P.No.8402/2025 vide order dated 23.07.2025 has stayed the invocation of Section 152 of BNS , 2023 against the petitioner. The maximum punishment for the other two offences is imprisonment for a period of three years. The petitioner is in custody for last more than two months. Accordingly, he prays to allow the petition.
5. Per contra, learned Addl. SPP who has opposed the petition does not dispute the submission made by the learned Senior Counsel for the petitioner.
6. F.I.R. in the present case was registered for the offences punishable under Sections 152 , 192 and 340 of BNS , 2023 against the petitioner based on the first information submitted by Mahesh M., Police Constable attached to Kirugavalu Police Station, after he had come across a post in the facebook account of the petitioner which according to him endangered the sovereignty, unity and integrity of India. Learned Senior Counsel for the petitioner has brought to the notice of this Court that invocation of Section 152 of BNS , 2023 against the petitioner in the present case has been stayed by the Co- ordinate Bench of this Court in Crl.P.No.8402/2025 by order dated 23.07.2025 and he has also filed a memo to that effect. Learned Addl. SPP has not disputed the submission made by the learned Senior Counsel for the petitioner. Insofar as other two offences invoked against the petitioner are concerned, the maximum punishment for the same is imprisonment for a period of three years. The petitioner is in custody in the present case for more than two months. It is stated that petitioner has no criminal antecedents. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail is required to be answered in affirmative.
Accordingly the following:
ORDER
The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.43/2025 of Kirugavalu Police Station, Mandya registered for the offences punishable under Sections 152 , 192 and 340 of the Bharatiya Nyaya Sanhita, 2023 subject to the following conditions:
