- 1 - NC: 2025:KHC:6339 CRL.P No. 1414 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1414 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: APSAR KHAN S/O SADIK KHAN, AGED ABOUT 52 YEARS, RESIDING AT NO.895, BEHIND BDA COMPLEX, NEELASANDRA, BENGALURU-560 047 …PETITIONER (BY SRI. ABDUL MAJID, ADV. FOR SRI KULKARNI ABDUL RASHEED SIKANDER SAB, ADVOCATE) AND: THE STATE OF KARNATAKA BY KONANAKUNTE POLICE STATION, BENGALURU-560 062. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.3 ON BAIL IN KONANAKUNTE POLICE STATION CRIME NO.250/2018 (C.C.NO.21158/2018) FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 399, 402 OF INDIAN PENAL CODE, ON THE FILE OF THE LEARNED II ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:6339 CRL.P No. 1414 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard both sides and perused the material on record. 2. Petitioner/accused No.3 is arrested in connection with Cr.No.250/2018 registered by Konanakunte Police Station, Bengaluru City, for the offence punishable under Section 399 and 402 of IPC, on an allegation that he along with other accused was making preparation to commit dacoity near 80 ft. road, BDA Layout, Royal County, Jamboosavari Dinne, J.P.Nagara, 8th phase, Bengaluru City, on 29.6.2018 at about 5.15 p.m. 3. Out of five accused, 3 were apprehended from the spot whereas, two others are alleged to have escaped. From this petitioner, a knife was recovered. 4. Petitioner was granted bail initially, however, as he failed to appear before the trial Court, NBW and - 3 - NC: 2025:KHC:6339 CRL.P No. 1414 of 2025 proclamation came to be issued. Case against him was spilt up. He was later secured under warrant and remanded to judicial custody on 6.12.2024. 5. The learned Sessions Judge has dismissed the bail petition of the petitioner, observing that after filing of the charge sheet, he has remained absent before the Court and the case is of the year 2018. Due to his absence, there is delay in progress of the case and he may flee away from justice, if enlarged on bail, which will further delay the proceedings. 6. Learned counsel for the petitioner has filed a memo along with the Hospital records/medical documents pertaining to the petitioner. As per which, petitioner has been diagnosed with acute cerebrovascular accident. It is stated that the petitioner has suffered stroke and his health condition is deteriorating. 7. Petitioner has undertaken to furnish adequate surety to ensure his presence before the trial Court. Considering the facts and circumstances, petitioner can be - 4 - NC: 2025:KHC:6339 CRL.P No. 1414 of 2025 admitted to bail by imposing appropriate conditions. Hence, the following: ORDER 1. Petition is allowed. 2. Petitioner/accused No.3 in Crime No.250/2018 of Konanakunte Police Station, is ordered to be released on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only), with a surety for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish 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 not indulge himself in committing any offence. - 5 - NC: 2025:KHC:6339 CRL.P No. 1414 of 2025 5. He shall appear before the trial Court regularly on all dates of hearing without fail. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 48 Ct:ar