- 1 - NC: 2025:KHC:15033 CRL.P No. 3108 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3108 OF 2025 BETWEEN: IDAYATH PASHA @ KEEDU, S/O MUNEER PASHA, AGED ABOUT 31 YEARS, R/O RAJIVGANDHI NAGAR, NEAR GANESHA TEMPLE, TUMAKURU TOWN - 572 101. …PETITIONER (BY SRI. MADHU C S., ADVOCATE) AND: 1. STATE BY THILAK PARK POLICE, REP. BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SHARIFF ULLA, S/O LATE KARIM KHAN, AGED ABOUT 58 YEARS, R/O NEAR GANESHA TEMPLE, GULURU VILLAGE, TUMKURU - 572 118. …RESPONDENTS (BY SMT.PUSHPALATHA B., ADDITIONAL SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS APPLICATION AND GRANT THE BAIL TO PETITIONER IN SC NO.66/2022 (CRIME NO.17/2022 OF THILAK PARK POLICE STATION) ON THE FILE Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15033 CRL.P No. 3108 of 2025 OF II ADDITIONAL DISTRICT AND SESSION JUDGE TUMAKURU FOR THE O/P/U/S 114, 341, 324, 307 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.66/2022 pending before the Court of II Additional District and Sessions Judge, Tumakuru, arising out of Crime No.17/2022 registered Thilak Park Police Station, Tumakuru, for offences punishable under Sections 114, 341, 324, 307 read with Section 34 of IPC is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.17/2022 was registered by Thilak Park Police Station, Tumakuru, initially for the offences punishable under Sections 324, 307 read with Section 34 of IPC against Khaleem @ Shek Kaleem and others, based on the first information dated 18.02.2022 - 3 - NC: 2025:KHC:15033 CRL.P No. 3108 of 2025 received from Shareef Ulla, who is the father of the injured victim Mehaboob Pasha. 4. During the course of investigation of the case, petitioner herein was arrested on 27.02.2022. Investigation of the case is completed and charge sheet has been filed against five persons. Petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner before the trial Court in Crl.Misc.No.181/2025 was rejected on 10.02.2025. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner submits that petitioner's name is not found in the FIR. He is in custody for the last more than three years, all other accused persons have been enlarged on bail and before the trial Court the first informant and the injured have already been examined as P.W-1 and P.W-2. Accordingly, he prays to allow this petition. - 4 - NC: 2025:KHC:15033 CRL.P No. 3108 of 2025 6. Per contra, learned Additional SPP has opposed the petition. She submits that petitioner is a person with criminal antecedents and in the event he is enlarged on bail, he is likely to involve in committing similar offences. Accordingly, she prays to dismiss this petition. 7. Perusal of the material on record would go to show that petitioner's name is not found in the FIR registered in the present case. Subsequently, during the course of investigation of the case, he was arrested on 27.02.2022 and in the charge sheet he is arraigned as accused No.1. Allegations of assaulting injured Mehaboob Pasha in the charge is made against accused Nos.1, 2 and 4. Accused No.4 has been granted regular bail by this Court in Crl.P.No.5544/2024 disposed of on 18.06.2024. Order sheet of the trial Court would reflect that even accused Nos.2, 3 and 5 have been granted regular bail in the present case. Petitioner is in custody for the last more than three years. First informant as well as injured have already been examined before the trial Court as P.W-1 and - 5 - NC: 2025:KHC:15033 CRL.P No. 3108 of 2025 P.W-2 and therefore, there cannot be any apprehension that petitioner may tamper with the material charge sheet witnesses. Considering the aforesaid aspects of the matter and more so the period of petitioner's incarceration, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.66/2022 pending before the Court of II Additional District and Sessions Judge, Tumakuru, arising out of Crime No.17/2022 registered Thilak Park Police Station, Tumakuru, for offences punishable under Sections 114, 341, 324, 307 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 - 6 - NC: 2025:KHC:15033 CRL.P No. 3108 of 2025 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; 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. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 58