MOHAMMED MANIK HUSSAIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No. 1 under Sec. 483 of BNSS praying to grant bail in S.C. No. 42/2025 (Crime No. 199/2024 of Bajpe Police Station) registered for offences punishable under Sec. 319, 336(3), 340 of BNS and Sec. 12-1A(a)(b) of Passport Act and Sec. 14-A and 14-B of Foreigners Act pending on the file of III Additional District and Sessions Judge, D.K. Mangaluru.

(2.) Heard learned counsel for petitioner and learned HCGP for respondent - State.

(3.) Learned counsel for petitioner would contend that the offences alleged against the petitioner are not punishable either with death or imprisonment for life. The maximum sentence provided for offence alleged against the petitioner is imprisonment which may extend to 8 years. Petitioner is in judicial custody since 11/10/2024 and as chargesheet is filed he is not required for custodial interrogation. There are no criminal antecedents of the petitioner. Petitioner who has been served with notice under Sec. 35(1) of BNSS has been arrested without adhering to the terms of the notice on the same day of the notice. Accused Nos. 2 and 3 have been granted bail. Accused No. 3 had filed a petition seeking quashing of the proceedings against him and the proceedings against him are stayed by this Court. The grounds of arrest are not furnished to the petitioner. Petitioner does not understand Kannada language as he is a citizen of Bangladesh. On the point that the grounds of arrest are not furnished learned counsel for the petitioner is relying on the following decisions.