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Judgment
Accused no.1 in Crime no.25/2026 registered by Mangalore North Police Station, Dakshina Kannada District, for offences punishable under Sections 352, 115(2), 118(1), 126(2), 351(3), 109, 3(5) of The Bharatiya Nyaya Sanhita, 2023 (BNS, 2023) is before this Court in a petition filed under Section 483 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) seeking for regular bail.
Heard learned counsel for the parties.
FIR in Crime no.25/2026 was registered by Mangalore North Police Station against petitioner and another, based on the FIR dated 01.03.2026 received from Arfaz Ahmad Afreed, who is the injured victim in the present case. During the course of investigation, petitioner was arrested on 01.03.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.no.490/2026 was dismissed on 20.06.2026, and therefore, he is before this Court.
Perusal of the material on record would go to show that on 28.02.2026 at about 5.45 p.m., first informant received a phone call from the petitioner, who asked him to come to Kasayigalli and accordingly, the first informant had gone to meet the petitioner, who came to Kasayigalli along with accused no.2 and quarrelled with the first informant for the reason that he was repeatedly sending Instagram messages to his wife.
It is alleged that petitioner thereafter assaulted the first informant with a rod on his legs and when the first informant tried to escape, accused no.2 Sayyad caught hold of him. Thereafter, petitioner assaulted the first informant on his face with his hands and also with the piece of tile, which was lying down. In the said incident that had taken place at about 7 p.m. on 28.02.2025, injured victim had suffered grievous injuries, as found in the wound certificate issued by Highland Hospital Research and Diagnostic Centre, where injured victim was admitted from 01.03.2026 to 04.03.2026.
It is brought to the notice of this Court that petitioner is a person with criminal antecedents. However, the fact remains that in the present case petitioner had assaulted the injured-victim for the reason that he was sending repeated Instagram messages to his wife. Injured victim was admitted in the hospital for three days and has been discharged thereafter. His condition is said to be stable. Investigation of the case is now completed and chargesheet is filed. Accused No.2 has been granted regular bail in the present case by the jurisdictional Sessions Court. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail is to be answered affirmatively, subject to appropriate conditions. Accordingly, the following -
ORDER
The petition is allowed.
ii) The petitioner is directed to be enlarged on bail in Crime No.25/2026 of Mangalore North Police Station registered for the offences punishable under Sections 352, 115(2), 118(1), 126(2), 351(3), 109, 3(5) of The Bharatiya Nyaya Sanhita, 2023, subject to the following conditions:
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;
Petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
Petitioner shall not involve in similar offences in future;
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;
Petitioner shall appear before the Station House Officer of Mangalore North Police Station, Dakshina Kannada District and mark his attendance on every second Sunday of the month between 10 a.m. and 1 p.m. for a period of one year from the date of his release from his custody.
7.