Karnataka High Court
Arbaz Khan vs State By D J Halli P S on 6 January, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2025:KHC:40
CRL.P No. 12294 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 12294 OF 2024
BETWEEN:
ARBAZ KHAN
S/O. ASLAM KHAN,
AGED ABOUT 26 YEARS,
R/AT. NO. 45, CHIKKANNA BLOCK,
2ND CROSS, D.J. HALLI,
BENGALURU - 45.
...PETITIONER
(BY SRI. NARAYANA SWAMY M., ADVOCATE)
AND:
STATE BY D.J. HALLI P.S.,
BANGALORE.
Digitally REPRESENTED BY
signed by STATE PUBLIC PROSECUTOR,
LAKSHMI T HIGH COURT OF KARNATAKA,
Location: AT BANGALORE. 560 001.
High Court
of Karnataka ...RESPONDENT
(BY SMT. ASMA KOUSER, ADDL.SPP)
THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483
BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL ON
REGULAR BAIL IN CR.NO.218/2024 S.C.NO.1218/2024 FOR
THE OFFENCE P/U/S 506,504,307 R/W 34 OF IPC OF D.J HALLI
P.S. PENDING ON THE FILE OF THE COURT OF XIII ADDL.CITY
CIVIL AND SESSIONS JUDGE MAYO HALL UNIT BENGALURU
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NC: 2025:KHC:40
CRL.P No. 12294 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner / accused No.1 has preferred this petition under Section 483 of BNSS, 2023, praying to enlarge him on bail in Crime No.218/2024 of Devrajeevanahalli Police Station, Bengaluru City, registered for offences punishable under Sections 506, 504, 307 read with Section 34 of IPC.
2. Heard both sides and perused the material on record.
3. It is the case of prosecution that on 28.05.2024 at about 05:30 p.m., near Shadab Edga Masjid in tannery road, petitioner by holding a sickle in his hand was abusing the public and causing nuisance. When the complainant asked him as to why he is unnecessarily causing nuisance, petitioner assaulted him on his head with the sickle which he was holding with an intention to commit his murder and caused bleeding injuries. Accused No.2 assaulted the complainant on his face with a -3- NC: 2025:KHC:40 CRL.P No. 12294 of 2024 stone and both the accused threatened him with dire consequences and went away.
4. It is contended by the learned counsel that the petitioner is innocent and he is implicated in a false case. Further contended that injuries sustained by the injured are simple in nature and the injured is already discharged from the hospital. Petitioner is ready and willing to abide by any conditions and accordingly, he prays to enlarge the petitioner on bail.
5. The prayer for bail is opposed by the learned Addl. SPP contending that petitioner is involved in number of criminal cases and he is a rowdy-sheeter and if he is enlarged on bail, he may commit similar offences and also flee from justice.
6. Learned Addl. SPP has made available the list of cases in which the petitioner is involved. Which are as under:
1) D.J. Halli Police Station Crime No.35/2022 under Sections 448, 427, 354, 323 of IPC.
2) D.J. Halli Police Station Crime No.315/2016 under Sections 399,402 of IPC.-4-
NC: 2025:KHC:40 CRL.P No. 12294 of 2024
3) D.J. Halli Police Station Crime No.117/2020 under Sections 504, 506, 307 of IPC.
4) D.J. Halli Police Station Crime No.45/2022 under Sections 399, 402 of IPC.
5) D.J. Halli Police Station Crime No.74/2022 under Sections 399, 402 of IPC.
6) D.J. Halli Police Station Crime No.320/2022 under Section 229A of IPC.
7) D.J. Halli Police Station Crime No.03/2022 under Sections 323, 324 along with 34 of IPC.
8) D.J. Halli Police Station Crime No.33/2020 under Sections 379 of IPC.
9) D.J. Halli Police Station Crime No.323/2020 under Section 392 of IPC.
10) D.J. Halli Police Station Crime No.435/2024 under Sections 436, 448, 506 of IPC.
7. In this case accused No.2 is still absconding.
8. There is a prima facie case against the petitioner. Considering that the petitioner is involved in number of criminal cases, at this stage this is not a fit case to enlarge him on bail. As rightly contended by the learned High Court Government Pleader, if the petitioner is enlarged on bail, he may threaten -5- NC: 2025:KHC:40 CRL.P No. 12294 of 2024 the complainant and may indulge in criminal activities and commit similar type of offences. The prayer for bail may be renewed after 4 months. Accordingly, the following:
ORDER
i) The Petition is dismissed.
Sd/-
(MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 45