Mohammed Noushad vs State Of Karnataka

M.G.S. Kamal, J

Accused No. 2 in Crime No.53/2025 is before this Court for the offences punishable under Sections 49, 351(3), 118(2), 115(2), 118(1), 109, 249(b) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023, pending on the file of the learned Additional Civil Judge and JMFC, Bantwal seeking grant of regular bail.

The case of the prosecution is that at the instigation of accused No.1, accused Nos.2 and 3 had come on two wheeler on 16.05.2025 at about 07.45 p.m. to the place of incident, and at the instance of accused No.3, who was riding the two wheeler, accused No.2 had assaulted CW2 causing bleeding injuries. Charge sheet is filed. Wound certificate indicates victim sustaining bleeding injury.

The learned counsel for the petitioner, drawing the attention of this Court to the order dated 07.07.2025 passed by the Trial Court in Criminal Misc. No. 543/2025, whereby anticipatory bail was granted to accused No.1, submits that complainant himself had issued a letter to the Presiding Officer of the Trial Court, he having no objection to grant bail to accused No.1.

He further submits that the Coordinate Bench of this Court by order dated 18.11.2025 in Crl.P No.14122/2025 has granted bail to accused No.3.

The learned counsel for the petitioner, referring to Column No.17 of the charge sheet, submits that the prime allegation is against accused No.1, namely that he had enmity against CW2 on the ground that CW2 had passed on information to the police. When CW2, the injured witness himself, has addressed a letter to the Presiding Officer of the Trial Court expressing his no objection to the grant of bail to accused No.1, the allegation against accused No.2 that he acted at the instigation of accused No.1 creates serious doubt about the very foundation of the prosecution's case. Hence, he submits that bail be granted by imposing such conditions as this Court deems fit.

The learned Additional State Public Prosecutor for the respondent/State seriously opposing the petition submits that the accused No.2/petitioner herein is a habitual offender involved in seven cases of serious offences. She also submits the nature of injuries inflicted by him on CW2, indicate gravity of the offence and seeks for rejection of the bail.

Heard. Perused the records.

Though it appears that certain criminal cases have been registered against accused No.2, on a query made by this Court, the learned Additional State Public Prosecutor submits that accused No.2 has been granted bail in all those cases. Perusal of column No.17 in the charge sheet indicates that the primary allegation with regard to the commission of crime is made against the accused No.1. The injured/CW2 himself has written a letter to the Presiding Officer in Criminal Misc.No.543/2025 expressing his no-objection for grant of bail to accused No.1. It is based on that the trial Court has granted the anticipatory bail to the accused No.1.

There appears to be considerable force in the submission made by the learned counsel for the petitioner. That apart accused No.3, who allegedly instigated accused No.2 to assault CW3, has also been granted bail by the coordinate Bench of Court. Accused No.2 was arrested on 19.08.2025. Charge sheet has been filed.

In light of accused Nos.1 and 3 have already been granted bail, this Court deems it appropriate to grant bail to accused No.2 subject to following;

ORDER

(i) Criminal Petition filed under Section 483 of BNSS, 2023 is allowed.

(ii) The accused No.2/petitioner is directed to be enlarged on bail in Crime No.53/2025 (CC No.1868/2025 of respondent/police for the offences punishable under Sections 49, 351(3), 118(2), 115(2), 118(1), 109, 249(b) read with Section 3(5) of Bharathiya Nyaya Sanhitha, 2023, subject to the following conditions:

a) The accused No.2/petitioner shall execute personal bond for a sum of Rs.2,00,000/- with two local sureties for the like sum, to the satisfaction of the jurisdictional Court;

b) The accused No.2/petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The accused No.2/petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The accused No.2/petitioner shall not involve in similar offences in future;

e) The accused No.2/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.

f) The accused No.2/petitioner shall appear before the Investigation Officer on every Sunday between 10.00 a.m. to 06.00 p.m.

It is made clear that if any allegation is made regarding the petitioner influencing or attempting to influence any of the prosecution witnesses, this bail shall stand cancelled.