- 1 - NC: 2025:KHC:11689 CRL.P No. 2293 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2293 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: APROJ @ GANDHI @ AFROZ ULLA SHARIFF, S/O SHAFI ULLA SHARIFF, AGED ABOUT 42 YEARS, R/AT 1ST CROSS, MTS HOTEL, SARABANDEPALYA, BANASHANKARI 2ND STAGE, BENGALURU. PRESENTLY RESIDING AT: #413, 2ND PHASE, BEEDI WORKERS COLONY, BANDEMATTA ROAD, BANGALORE SOUTH, KENGERI, BANGALORE-560060. …PETITIONER (BY MS. SWATHI R. BHAT, ADV. FOR SMT. JAYANTHI R., ADV.) AND: STATE OF KARNATAKA BY SIDDAPURA P. S., REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARANTAKA, BANGALORE - 560001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP.) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO KINDLY BE RELEASED ON BAIL IN Digitally signed by NANDINI B G Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11689 CRL.P No. 2293 of 2025 CONNECTION WITH CR.NO.97/2024 (C.C.NO.17879/2005) PENDING BEFORE THE HON'BLE COURT OF 2ND A.C.J.M PERTAINING TO THE SIDDAPURA P.S. FOR THE OFFENCE P/U/S 397 R/W 34 OF IPC. THIS PETITION, COMING ON ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.3 in C.C.No.17879/2005 pending before the Court of II ACJM, arising out of Crime No.97/2004 registered by Sidhapura Police Station, Bengaluru for offences under Sections 397 read with Section 34 of Indian Penal Code (for short, 'IPC') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking regular bail. 2. Heard the learned counsels for the parties. 3. Learned counsel for the petitioner submits that on the merits of the case, petitioner was granted on regular bail in the present case. Since, the petitioner had not appeared before the Committal Court, coercive steps were taken against the petitioner and his presence was secured on 29.01.2025 and even since then, he is in custody. He has not involved in any other criminal case after the year 2004. Accordingly, she prays to allow the petition. - 3 - NC: 2025:KHC:11689 CRL.P No. 2293 of 2025 4. Per contra, learned High Court Government Pleader has opposed the petition on the ground that, it would be difficult to secure the presence of the petitioner in the event he is enlarged on bail. 5. Perusal of the materials on record would go to show that the petitioner was earlier arrested in the present case on 21.11.2004 and it appears that subsequently, he was enlarged on bail. Since the petitioner had absented himself before the Committal Court on regular dates of hearing, coercive steps were taken to secure his presence and ultimately, his presence was secured on 29.01.2025. It is not in dispute that the petitioner has not involved himself in any other case after he was enlarged on bail in the present case. The other accused persons in the present case are said to have been absconding. The apprehension expressed by the learned High Court Government Pleader can to taken care of by imposing appropriate conditions. Under such circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- - 4 - NC: 2025:KHC:11689 CRL.P No. 2293 of 2025 ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.97/2004 registered by Sidhapura Police Station, Bengaluru for offences under Sections 397 read with Section 34 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; - 5 - NC: 2025:KHC:11689 CRL.P No. 2293 of 2025 e) The 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. f) The petitioner shall appear before Station House Officer of Sidhapura Police Station, Bengaluru on every alternative Saturday between 10.00 a.m. and 1.00 p.m. and mark his attendance until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 54