- 1 - HC-KAR NC: 2025:KHC:19625 CRL.P No. 3668 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3668 OF 2025 BETWEEN: IRFAN PASHA S/O. LATE CHANDPASHA, AGED ABOUT 24 YEARS, R/AT NEAR 54TH BUS STOP, 9TH CROSS, OLD GUDDADHAHALLI, BENGALURU -560 020. …PETITIONER (BY SRI. PRASANNA RAO R, ADVOCATE) AND: STATE BY BIDADI PS REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CR.NO.254/2024 OF RESPONDENT BIDADI P.S., FOR THE OFFENCES P/U/S 310(2),127(2),61(2) OF BNS, 2023, PENDING BEFORE THE HON'BLE 3rd ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGAR, IN SC.NO.102/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19625 CRL.P No. 3668 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.102/2024 pending before the Court of III Additional District and Sessions Judge, Ramanagar arising out of Crime No.254/2024 registered by Bidadi Police Station, Ramanagara, for offences punishable under Sections 310(2), 127(2), and 61 (2) of Bharatiya Nyaya Sanhita (BNS), 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.254/2024 was registered by Bidadi Police Station, Ramanagara initially for offences punishable under Sections 310(2) and 127(2) of BNS, 2023 against unknown persons based on the first information dated 11.07.2024 received from Hanumantha Jalikatti S/o Siddappa. 4. During the course of investigation, petitioner herein was arrested on 17.07.2024 and subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed against six persons and petitioner is - 3 - HC-KAR NC: 2025:KHC:19625 CRL.P No. 3668 of 2025 arraigned as accused No.1 in the chare sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.71/2025 was rejected on 31.01.2025. Therefore, petitioner is before this Court. 5. Learned counsel for the petitioner submits that all other accused persons, who were arrested in the present case, have been granted regular bail by this Court. He submits that in the Test Identification Parade that was held in the present case, petitioner has not been identified. In the earlier criminal cases registered against him, he has been enlarged on bail. Accordingly, he prays to allow this petition. 6. Per contra, learned Additional SPP has opposed the petition on the ground that the petitioner is a person with criminal antecedents and in the event, he is enlarged on bail, he is likely to indulge in committing similar offences. 7. FIR in the present case was registered initially for offences punishable under Sections 310(2) and 127(2) of BNS, 2023. In the first information, it is alleged that on 10.07.2024 at about 9:00 p.m., when the first informant was working as a night watchman in SPR Distillari along with two other securities - 4 - HC-KAR NC: 2025:KHC:19625 CRL.P No. 3668 of 2025 persons, 8-10 persons suddenly entered the premises of the Distillari and after wrongfully confining him, they had assaulted him on his back and head and thereafter, tied his hand with a rope and snatched his mobile phone and also amount of Rs.2,500/-. It is further alleged that the said accused persons assaulted the other two security persons and before leaving the spot of crime, they allegedly took along with them about ten motor pumps in a canter lorry. Accused No.2 has been granted regular bail by this Court in Crl.P.No.3623/2025. Accused Nos.3 and 6 as against whom similar allegations are found in the charge sheet have been enlarged on bail by this Court in Crl.P.No.13339/2024 and Crl.P.No.13832/2024. Accused No.4 has been granted regular bail by this Court in Crl.P.No.3662/2025 and accused No.5 has been granted regular bail by this Court in Crl.P.No.338/2025. 8. Allegation against the petitioner and other accused persons, who are granted regular bail by this Court, are similar in the charge sheet. It is not in dispute that in the Test Identification Parade that was held in the present case, petitioner was not identified. It is also not in dispute that in the earlier criminal cases registered against the petitioner in the - 5 - HC-KAR NC: 2025:KHC:19625 CRL.P No. 3668 of 2025 year 2020 and 2021, he has been enlarged on bail. He is in custody in the present case from 17.07.2024. Investigation in the case is already completed. The apprehension expressed by the learned HCGP can be taken care of by imposing appropriate conditions on the petitioner while enlarging him on bail. 9. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.254/2024 registered Bidadi Police Station, Ramanagara, for offences punishable under Sections 61(2), 310(2) and 127(2) of BNS, 2023 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 appear before the Station House Officer of Bidadi Police Station, - 6 - HC-KAR NC: 2025:KHC:19625 CRL.P No. 3668 of 2025 Ramanagara on the second Sunday of every month between 10.00 a.m. and 1.00 p.m. and mark his attendance regularly till the cases pending against him are disposed of. d) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; e) The petitioner shall not involve in similar offences in future; f) 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 VM List No.: 1 Sl No.: 47