Citation : 2025 Latest Caselaw 11681 Kant
Judgement Date : 26 December, 2025
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NC: 2025:KHC:54809
CRL.P No. 16884 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO. 16884 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
SHRI MOHAMMED KAMRAN
S/O. SHRI AKRAM PASHA,
AGED ABOUT 24 YEARS,
R/AT HOUSE NO-L1G61, 3RD STAGE,
BANNIMANTAPPA, MYSURU-570 015.
(NOW IN JUDICIAL CUSTODY,
CENTRAL PRISON, BANGALORE)
...PETITIONER
(BY SRI. HASHMATH PASHA, SR. COUNSEL FOR
SRI. KARIAPPA N.A.,ADVOCATE)
AND:
THE SENIOR INTELLIGENCE OFFICER
DIRECTORATE GENERAL OF
Digitally signed by
LAKSHMINARAYAN N GOODS AND SERVICE TAX INTELLIGENCE,
Location: HIGH COURT
OF KARNATAKA BANGALORE ZONAL UNIT,
NO.112, S. P. ENCLAVE,
ADJACENT TO KARNATAKA BANK,
K. H. ROAD, BANGALORE CITY-560027.
(REPRESENTED BY LEARNED
SPECIAL PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE-560 001)
...RESPONDENT
(BY SRI. MADHU N. RAO,ADVOCATE)
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NC: 2025:KHC:54809
CRL.P No. 16884 of 2025
HC-KAR
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO
ENLARGE HIM ON BAIL IN PCR NO.280/2025 WHICH IS
PENDING ON THE FILE OF THE SPECIAL COURT FOR
ECONOMIC OFFENCES, BENGALURU WHICH IS ARISING OUT
OF CRIME NO.34/2025 IN FILE NO.DGGI/INV/125/2025-GRc-
01/0/0 pr ADG-DGGI-ZU-BENGALURU, ON THE FILE OF THE
RESPONDENT ON SUCH TERMS AND CONDITIONS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL ORDER
1. Petition is filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail
as the accused in judicial custody from the date of arrest
i.e. 16.09.2025. On the basis of the complaint filed by the
Senior Intelligence Officer, O/o the Directorate General of
Goods and Services Tax Intelligence, case was registered
in PCR No.280/2025 in Crime No.34/2025. The alleged
commission of offences under Section 16(2)(b) of CGST
Act, 2017 read with sections 132(1)(b), 132(1)(c),
132(1)(f) of the CGST Act, 2017 read with section 135 of
the CGST Act, 2017 are punishable with imprisonment for
a term which may extend to five years and with fine under
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HC-KAR
section 132(1)(i) of the CGST Act, 2017 in respect of the
accused.
2. The Learned LXVII Additional City Civil and Sessions
Judge, Bengaluru, (CCH-68) has rejected the bail
application filed in Crl.Misc.No.10334/2025 only on the
ground that, if the petitioner is released on bail, there is all
possibility of threatening the prosecution witnesses and
destroying the prosecution evidence apart from preparing
for similar offence and fleeing away from justice, which
will hamper the trial.
3. The alleged commission of offence is not punishable
with death or imprisonment for life and is exclusively
triable in the court of Magistrate. The present petitioner is
not required for any further investigation. The
Complainant is a public servant. Hence, the question of
threatening or tampering witness does not arise.
4. Considering the nature, gravity and previous
antecedents of the petitioner and also taking into
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HC-KAR
consideration the judgment of Hon'ble Supreme Court in
the case of VINEET JAIN v. UNION OF INDIA in
CRL.A.NO.2269/2025 disposed of on 28.04.2025, it is
just and proper to allow this petition subject to conditions.
Accordingly, I proceed to pass the following:
ORDER
(i) Criminal Petition is allowed;
(ii) Petitioner shall be released on bail on executing
a self bond of Rs.1,00,000/- with one surety for likesum
to the satisfaction of the Special Court for Economic
Offences at Bengaluru in PCR No.280/2025 in Crime No.
34/2025;
(iii) Petitioner shall appear before the trial Court
whenever directed;
(iv) Petitioner shall not tamper or threaten the
prosecution witnesses in any manner;
(v) Petitioner shall not indulge in similar offence;
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(vi) If the petitioner violates any of the bail
conditions, the Complainant is at liberty to move an
application for cancellation of bail.
(vii) The Registry is directed to send intimation
through e-mail to the concerned Court for compliance, as
the accused is in judicial custody.
Sd/-
(G BASAVARAJA) JUDGE
DHA List No.: 1 Sl No.: 140
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