Karnataka High Court
Mohhamad Imtyaz @ Gani vs The State Of Karnataka on 28 February, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-K:1366
CRL.P No. 200305 of 2025
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO.200305 OF 2025
(439(Cr.PC)/483(BNSS))
BETWEEN:
MOHHAMAD IMTYAZ @ GANI
S/O MAKBUL SAB,
AGE: 28 YEARS, OCC: NIL,
R/O. MOULALI KATTA, JEELANABAD,
M. S. K. MILL KALABURAGI - 585103
...PETITIONER
(BY SRI SIDDARTHA MARLINGAPPA, ADVOCATE)
AND:
THE STATE OF KARNATAKA THROUGH
Digitally signed
by SHIVAKUMAR UNIVERSITY POLICE STATION, KALABURAGI
HIREMATH (REPRESENTED BY ADDL. SPP,
Location: HIGH HIGH COURT OF KARNATAKA,
COURT OF
KARNATAKA KALABURAGI BENCH - 585105)
...RESPONDENT
(BY SRI VEERANAGOUDA MALIPATIL, HCGP)
THIS CRL.P. IS FILED U/SEC 483 OF BNSS, 2023,
PRAYING TO, RELEASE THE ACCUSED PETITIONER ON BAIL IN
CRIME NO.18/2025 OF RESPONDENT UNIVERSITY POLICE
STATION KALABURAGI FOR THE OFFENCES UNDER SECTION
121(1), 121(2), 132, 109 OF BNS ACT, 2023 AND UNDER
SECTION 27 OF ARMS ACT 1959 THAT THE CASE PENDING
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NC: 2025:KHC-K:1366
CRL.P No. 200305 of 2025
BEFORE THE HON'BLE III ADDL CIVIL (JD) AND JMFC JUDGE
KALABURAGI.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in Crime No.18/2025 registered by University Police Station, Kalaburagi for the offences punishable under Sections 121(1), 121(2), 132, 109 of BNS, 2023 and Section 27 of the Arms Act, 1959 is before this Court under Section 483 of BNSS, 2023 seeking regular bail.
2. Heard learned counsel for the parties.
3. FIR in Crime No.18/2025 was registered by University Police Station, Kalaburagi against the petitioner herein for the aforesaid offences on the basis of the first information dated 21.01.2025 received from Basavaraj Manjalkar, who is the Police Sub Inspector attached to University Police Station, Kalaburagi. During the course of -3- NC: 2025:KHC-K:1366 CRL.P No. 200305 of 2025 investigation, petitioner was arrested in the said case on 21.01.2025 and subsequently remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.184/2025 was rejected on 14.02.2025. Therefore, he is before this Court.
4. Learned counsel for the petitioner submits that in the present case, the injuries sustained by the police constables are simple in nature. The petitioner, who had suffered grievous injury on his right leg as a result of firing from service pistol of the first informant, was admitted in the hospital for a considerable period of time and his wound is not yet healed. In other two criminal cases which were registered against the petitioner, he is already enlarged on bail. Major portion of the investigation in the case is completed and accordingly, he prays to allow the petition.
5. Per contra, learned High Court Government Pleader, who has opposed the petition does not dispute the submission made by learned counsel for the petitioner. He -4- NC: 2025:KHC-K:1366 CRL.P No. 200305 of 2025 however submits that in the event petitioner is enlarged on bail, he is likely to indulge in committing similar offences.
6. Perusal of the first information dated 21.01.2025 would reveal that on 21.01.2025 when the first informant along with his staff were on patrolling duty, at about 11.30 a.m., they found three people riding in a motorbike and when the said motorbike was intercepted by the patrolling team, the persons who were riding in the motorbike failed to properly answer the queries made by the police and therefore, the said persons and the motorbike were brought to the Police Station at about 12.20 p.m. and on enquiry, the said persons informed their name as Mohammed Wasim, Imran Shaik, and Rukumoddin. The said accused persons allegedly confessed that they along with petitioner were involved in Crime No.136/2024 registered by Sub-Urban Police Station, Kalaburagi for the offence punishable under Sections 309(4) of BNS, 2023 and accordingly, said accused persons were arrested and produced before the -5- NC: 2025:KHC-K:1366 CRL.P No. 200305 of 2025 Court. Thereafter, when the police were in search of the petitioner herein, who was also involved in Crime No.136/2024, at about 7.30 p.m., the first informant and his staff found the petitioner riding a motorbike near Jhapur hills and when an attempt was made to apprehend him, the petitioner allegedly pushed the constables and after taking out a knife, he attacked them and as a result, the police constable by name Firoz and Vithoba had suffered injuries. The first informant thereafter warning the petitioner, in self defence fired from his service pistol on the right leg of the petitioner and thereafter apprehended him and shifted him to a Government Hospital at Kalaburagi. Undisputedly, in the alleged incident that had taken place at about 7.30 p.m. on 21.01.2025, the police constables have suffered only simple injuries. In the earlier two criminal cases registered against the petitioner, he has been granted bail.
7. The material on record would go to show that the petitioner who had suffered grievous injury on his right -6- NC: 2025:KHC-K:1366 CRL.P No. 200305 of 2025 leg as a result of firing bullet, was admitted in hospital for a considerable period of time and he is now shifted to jail. Under the circumstances, I am of the opinion that the prayer made by the petitioner for granted of regular bail needs to be answered affirmatively. Accordingly, following:
ORDER The criminal petition is allowed.
The petitioner/accused No.1 is directed to be enlarged on bail in Crime No.18/2025 of University Police Station, Kalaburagi, registered for the offences punishable under Sections 121(1), 121(2), 132, 109 of BNS, 2023 and Section 27 of the Arms Act, 1959, pending on the file of learned III Additional Civil Judge (Jr.Dn.) and JMFC, Kalaburagi, subject to the following conditions:
a) Petitioner shall appear before the Station House Officer of University Police Station, Kalaburagi and mark his attendance on every Sunday between 10.00 a.m. and 1.00 p.m. till investigation is completed in the present case.-7-
NC: 2025:KHC-K:1366 CRL.P No. 200305 of 2025
b) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
c) Petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
d) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
e) Petitioner shall not involve in similar offences in future;
f) Petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE SRT List No.: 1 Sl No.: 13 CT:PK