- 1 - NC: 2025:KHC:16812 CRL.P No. 4198 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4198 OF 2025 BETWEEN: MOHAMMED SUFIYAN, S/O. MOHAMMED KHALEED, AGED ABOUT 21 YEARS, R/AT 88/5, 1ST CROSS ROAD, 1ST MAIN, QUALITY STORE, LAKKASANDRA, LALAJI NAGAR, ADUGODI POST, BENGALURU - 560 030. …PETITIONER (BY SRI. HIREMATH ATHMA VIRUPAKSHAYYA, ADVOCATE) AND: STATE OF KARNATAKA, REPRESENTED BY CHANNAPATNA TOWN P. S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGED ON BAIL IN FIR/CRIME NO.68/2024 OF CHANNAPATNA TOWN POLICE, PRESENTLY CC NO.175/2025 WHICH IS PENDING BEFORE THE HONBLE ADDITIONAL CIVIL JUDGE AND JMFC AT CHENNAPATNA IN CC Digitally signed by VIJAYALAKSHMI B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:16812 CRL.P No. 4198 of 2025 NO.175/2025 AFTER FINAL REPORT FOR THE O/P/U/S 311 AND 115(2) OF BNS REGISTERED BY THE CHANNAPATNA TOWN POLICE STATION BY ALLOWING THE PRESENT CRIMINAL PETITION. 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 Crime No.68/2024 registered by Channapatna Town Police Station, Ramanagara, for offence punishable under Sections 309(4) and 309(6) of Bharatiya Nyaya Sanhita, 2023 (in short 'BNS'), is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. F.I.R in Crime No.60/2024 was registered by Channapatna town Police Station, Ramanagara, initially for the offence punishable under Sections 309(4) and 309(6) of BNS against three unknown persons, based on the first - 3 - NC: 2025:KHC:16812 CRL.P No. 4198 of 2025 information dated 07.11.2024 received from Sunil.G. During the course of investigation, petitioner herein was arrested on 07.11.2024. After completion of investigation, charge sheet has been filed against four persons. Petitioner is arraigned as Accused No.1 in the charge sheet. His bail application filed in the jurisdictional Sessions Court was rejected on 13.12.2024. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that Accused Nos.3 and 4 have been granted regular bail by this Court. He submits that petitioner who is an youngster aged about 21 years, has no criminal antecedents and he has been in custody for the last five months. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP opposes the prayer made by the learned counsel for the petitioner. - 4 - NC: 2025:KHC:16812 CRL.P No. 4198 of 2025 6. Material on record would go to show that on the early hours of 07.11.2024, two persons entered the Petrol Bunk - C.K.Nagaraju Service Station at Channapatna when the informant was on duty and after assaulting one Shahanawaz who was in the petrol bunk, the accused persons allegedly robbed a sum of Rs.22,000/- and went away in a car in which they had arrived. During the course of investigation, four persons were arrested in the present case on 15.11.2024. As per the charge sheet, Accused Nos.1 and 2 are said to be the persons who had entered the petrol bunk on 06.11.2024 and had attacked Sahanvaj. Undisputedly, Sahanvaj has suffered only simple injury in the incident. Accused Nos.3 and 4 were allegedly sitting inside the car in which Accused Nos.1 and 2 had arrived. After the crime was committed, all the accused had escaped in their car from the scene of crime. Accused Nos.3 and 4 have been granted regular bail by the co-ordinate Bench of this Court in Criminal Petition No.360/2025 and Criminal Petition No.190/2025. Undisputedly, petitioner has no criminal antecedents and - 5 - NC: 2025:KHC:16812 CRL.P No. 4198 of 2025 he is aged about 21 years. Investigation of the case is completed. The alleged offence is not exclusively punishable with death or imprisonment for life. Under these circumstances, I am of the view that, petitioner has made out a prima facie case for grant of regular bail. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.60/2024 of Channapatna town Police Station registered for the offences punishable under Sections 309(4) and 309(6) of BNS subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) 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; - 6 - NC: 2025:KHC:16812 CRL.P No. 4198 of 2025 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 BNV List No.: 1 Sl No.: 40 CT: BHK