IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2653 OF 2025 BETWEEN:

1. ABDUL REHEEM S/O. LAZAR, AGED ABOUT 34 YEARS R/AT NO.76, OPP. MARAMMA TEMPLE,DODDABELE COLONY KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 060.

2. SYED NASEER S/O. SYED ANWAR AGED ABOUT 36 YEARS R/AT NO. 146, OPP. MARAMMA TEMPLE, DODDABELE COLONY Digitally KENGERI HOBLI, BENGALURU signed by NANDINI MS SOUTH TALUK, BENGALURU - 560 060.

Location: Hig h Court of Karnataka 3. SYED PARVEEZ, S/O SYED ANWAR AGED ABOUT 39 YEARS R/AT NO. 146, OPP. MARAMMA TEMPLE, DODDABELE COLONY KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 060 NATIVE PLACE AT GAREBI SUTE RAM RAHIM NAGAR MADDUR TOWN MANDYA DISTRICT-571 430.

4. NADEEM PASHA S/O FAYAZ ULLA AGED ABOUT 32 YEARS RAT NO. 146, OPP. ANJANEYA SWAMY TEMPLE, DODDABELE COLONY, KENGERI HOBLI BENGALURU SOUTH TALUK BENGALURU - 560 060.

…PETITIONERS (BY SRI GIREESHA R.J, ADV.)

AND:

STATE BY KUMBALAGODU POLICE STATION, RAMANAGAR DISTRICT - 560 074, REPRESENTED BY SPP, HIGH COURT BUILDING BENGALURU - 560 001.

…RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THEM ON BAIL IN CR.NO.45/2025 FOR THE OFFENCES P/U/S 109, 115(2), 351(2), 252 AND 190 OF BNS 2023., REGISTERED BY THE KUMBALAGODU POLICE STATION, BENGALURU, NOW PENDING ON THE FILE HONBLE 2ND ADDL. CHIEF JUDCICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU.

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

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused Nos.1, 2, 4 and 5 in Crime No.45/2025 registered by Kumbalagudu Police Station, Ramanagara, for the offences punishable under Sections 109, 115(2), 351, 352 and

190 of BNS, 2023, are before this Court under Section 483 of BNSS, 2023, seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.45/2025 was registered by Kumbalagudu Police Station, Ramanagara, for the aforesaid offences against Rahim and four others based on the first information dated 08.02.2025 received from Syed Ghous. During the course of investigation of the case, petitioners herein who were arraigned as accused Nos.1, 2, 4 and 5 in the FIR were arrested on 08.02.2025 and remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.250/2025 was rejected on 15.02.2025. Therefore, they are before this Court.

4. A perusal of the material on record would go to show that petitioners allegedly had ill-will against first informant, who was carrying on business of poultry near the poultry shop of accused No.1. It is in this background, on the alleged date of incident, accused persons had abused and assaulted first informant Syed Ghous and injured Ansar Pasha, who was working in his poultry shop. In the alleged incident, the allegation of assaulting injured Ansar Pasha with a weapon is as against accused No.1. The material on record would go to show that injured Ansar Pasha, who was admitted in Rajarajeshwari Medical College and Hospital has been discharged. Undisputedly, petitioners have no other criminal antecedents. Considering the nature of allegations as against them and the background in which the incident in question had taken place, I am of the opinion that their prayer for grant of regular bail needs to be granted. Accordingly, the following order:-

5. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.45/2025 registered by Kumbalagudu Police Station, Ramanagara, for the offences punishable under Sections 109, 115(2), 351, 352 and 190 of BNS, 2023, subject to the following conditions:

a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioners shall appear regularly on all the dates of hearing bef