- 1 - NC: 2025:KHC:4343 CRL.P No. 190 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 190 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: MOHAMMED AFNAN SIDDIKI SON OF IRSHAD AHMMED, AGD ABOUT 27 YEARS, RESIDING AT 10/30, 1ST CROSS, 1ST MAIN, QUALITY STORE, LAKKASANDRA, BANGALORE-560 030. …PETITIONER (BY SRI. DHANANJAYA S.B., ADVOCATE) AND: THE STATE OF KARNATAKA BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE-560 001. THROUGH CHANNAPATNA TOWN POLICE, CHANNAPATNA, RAMANAGARA DISTRICT. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL OF CHANNAPATNA TOWN POLICE REGISTERED IN CRIME NO.68/2024 ON THE FILE OF THE 1ST ADDITIONAL CIVIL Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4343 CRL.P No. 190 of 2025 JUDGE (JR.DN.) AND J.M.FC. AT CHANNAPATNA FOR THE ALLEGED OFFENCE UNDER SECTIONS 309(4), 309(6) OF THE BHARATIYA NYAYA SANHITA (BNS), 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. FIR in Crime No.68/2024 of Channapatna Town Police Station, Ramanagara is registered against three unknown persons, on a complaint lodged by one Sunil S/o Girish for offences punishable under Section 309(4), 309(6) of BNS, 2023. 3. It is alleged in the complaint that in the wee hours of 07.11.2024, at about 3.20 a.m., two persons entered the petrol bunk – C.K.Nagaraju Service Station - 3 - NC: 2025:KHC:4343 CRL.P No. 190 of 2025 Indian Petrol Bunk, Channapatna, where the complainant was working, assaulted and inflicted injuries to one Sahanvaj with a knife and robbed a sum of Rs.22,000/- and sped away in a car. 4. As per complaint, two persons entered the petrol bunk and one of them stabbed one Sahanvaj. They robbed cash of Rs.22,000/- at knife point and sped away in a car. It is stated that the complainant noticed one person sitting in the driver’s seat of the car. The injured Sahanvaj was shifted to Government Hospital, Mandya, for treatment. As per the wound certificate, he has sustained lacerated deep cut injury over the back above scapula. 5. Learned High Court Government Pleader has contended that after the arrest of the accused, the witnesses have identified accused Nos.1 and 2 in the Test Identification Parade conducted by the Taluka Executive Magistrate. 6. All the accused came to be arrested on 15.11.2021. As per prosecution, it was accused Nos.1 and - 4 - NC: 2025:KHC:4343 CRL.P No. 190 of 2025 2 who entered the petrol bunk, whereas two other accused were waiting in the car. It appears that on the basis of the voluntary statements of accused Nos.1 and 3, petitioner/accused No.4 came to be arrested. From his possession a sum of Rs.300/- has been recovered. At this stage there is no other material to show his participation in the offence. According to prosecution, since only accused Nos.1 and 2 have entered the petrol bunk, other accused were not subjected for Test Identification Parade. Petitioner has undertaken to offer sufficient surety to ensure his presence before the trial Court. Hence, by imposing stringent conditions, petitioner can be admitted to bail. Accordingly, the following: ORDER Petition is allowed. Petitioner/accused No.4 in Crime No.68/2024 of Channapatna Town Police Station, Ramanagara shall be enlarged on bail, subject to following conditions: - 5 - NC: 2025:KHC:4343 CRL.P No. 190 of 2025 1. He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall mark his attendance before the jurisdictional Police Station on every Sunday between 10-00 – 11.00 a.m., for a period of six months. 5. He shall not indulge himself in committing any offence. 6. He shall appear before the trial Court regularly on all dates of hearing. - 6 - NC: 2025:KHC:4343 CRL.P No. 190 of 2025 Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 38 Ct:ra