- 1 - NC: 2025:KHC:17325 CRL.P No. 4043 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.4043 OF 2025 BETWEEN: IMRAN PASHA S/O ABDUL MUNAF AGED ABOUT 30 YEARS R/AT NO.22/2 PIPELINE ROAD SHAMANNA GARDEN MYSORE ROAD BYATARAYANAPURA BENGALURU - 560 092. …PETITIONER (BY SRI. PYAREJAN K.N., ADVOCATE) AND: STATE OF KARNATAKA SHO, KALASIPALYA PS BENGALURU REPRESENTED BY HIGH COURT GOVERNMENT PLEADER HIGH COURT BULIDNG BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDL. SPP ) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO ENLARGE Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17325 CRL.P No. 4043 of 2025 THE PETITIONER ON BAIL IN CONNECTION WITH CC.NO.11097/2024 (SPLIT UP CASE OF CC.NO.29923/2021 IN FIR. NO. 47/2020) KALASIPALYA P.S., PENDING BEFORE 5TH A.C.J.M, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 341, 307, 120B, R/W 34 OF I.P.C AND ALLOW HIM TO ATTEND IN THE TRIAL AND GRANT BAIL ON ANY CONDITIONS AS DEEMED FIT BY THIS HON'BLE COURT TO ENSURE THE FAIR AND EXPEDITIOUS CONDUCT OF THE TRIAL IN THE ABOVE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Crime No.47/2020 registered by Kalasipalya Police Station, Bengaluru for offences punishable under Sections 341, 307, 120B read with Section 34 of IPC is before this Court under Section 439 of Cr.P.C., seeking regular bail. 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioner submits that on the merits of the case, petitioner who was arrested in the present case was granted regular bail in Crl.Misc.No.770/2021 by the jurisdictional Sessions Court, by Order dated 10.02.2021. For the reason that petitioner had not appeared before the - 3 - NC: 2025:KHC:17325 CRL.P No. 4043 of 2025 committal court on the regular dates of hearing, a split up case has been registered against him and in the said proceedings, he has been arrested on 20.01.2025. Petitioner is ready and willing to cooperate with the investigation. Petitioner has no other criminal antecedents and accordingly, prays to allow this petition. 4. Per contra, learned Addl. State Public Prosecutor appearing for the respondent - State submits that petitioner has criminal antecedents and if he is enlarged on bail, he is likely to flee away from justice and accordingly, seeks for dismissal of the petition. 5. Perusal of the material on record would go to show that, FIR in the present case was registered against unknown persons. During the course of investigation, petitioner herein was arrested. It appears that, after completing investigation, charge-sheet has been filed against five persons. Petitioner was granted regular bail in the present case by the jurisdictional Sessions Court in Crl.Misc.No.770/2021 by Order dated 10.02.2021. It appears that for the reason that petitioner had not appeared before the committal court on regular dates of - 4 - NC: 2025:KHC:17325 CRL.P No. 4043 of 2025 hearing, a split up case was registered against him and in the said proceedings, he has been now arrested on 20.01.2025 and remanded to judicial custody. 6. Be that as it may, fact remains that on merits of the case, petitioner was granted regular bail in the present case by the jurisdictional Sessions Court. For the mistake committed by the petitioner by not attending the Court on regular dates of hearing he has been sufficiently punished. He is in custody for the last three months. Apprehension expressed by the learned High Court Government Pleader can be taken care of by imposing stringent conditions. 7. Accordingly, the petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.47/2020 registered by Kalasipalya Police Station, Bengaluru for the offences punishable under Sections 341, 307, 120B read with Section 34 of IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 5 - NC: 2025:KHC:17325 CRL.P No. 4043 of 2025 b) 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) Petitioner shall appear before the SHO of Kalasipalya Police Station, Bengaluru, on every first Sunday of the month and mark his attendance between 10.00 a.m. and 1.00 p.m., till the case registered against him is disposed of. d) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; e) 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 sac List No.: 1 Sl No.: 33