- 1 - NC: 2025:KHC:14132 CRL.P No. 4031 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4031 OF 2025 BETWEEN: ZIYA KHAN @ ASIF S/O AYUB KHAN AGED ABOUT 25 YEARS R/O BUILDING NO. 1300 S.AP.G ROOM NO. 106 2ND MAIN ROAD, 1ST CROSS VENUGOPAL REDDY LAYOUT AREKERE, HULIMAVU BENGALURU - 560 76 PERMANENT R/O RAJEEVNAGAR NEAR KAIF MASJID, UDAYAGIRI, MYSURU. …PETITIONER (BY SRI SUMANTH L BHARADWAJ, ADV.) AND: THE STATE OF KARNATAKA BY S.G PALYA POLICE STATION BENGALURU, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL WHO IS IN JUDICIAL CUSTODY SINCE 09.11.2024 IN CONNECTION WITH CR.NO.408/2024 REGISTERED IN S.G.PALYA P.S., ON THE FILE OF COURT OF THE CJM, Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14132 CRL.P No. 4031 of 2025 BENGALURU CITY, BENGALURU, FOR THE OFFENCES P/U/S 238,312,3(5),309(4) OF THE BNS, 2023, REGISTERED BY THE RESPONDENT POLICE NO.1, BY ALLOWING THIS 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 1. Accused No.1 in Crime No.408/2024 registered by Suddaguntepalya Police Station, Bengaluru City, for the offences punishable under Sections 238, 312, 309(4) and 3(5) of 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.408/2024 was registered by Suddaguntepalya Police Station, Bengaluru City, against unknown persons initially for the offences punishable under Sections 309(4) and 3(5) of BNS, 2023, based on the first information dated 07.11.2024 received from the victim girl. During the course of investigation, petitioner herein was arrested on 09.11.2024 and subsequently, remanded to judicial custody. After investigation, charge sheet has been filed against two accused persons. Petitioner is arraigned as accused - 3 - NC: 2025:KHC:14132 CRL.P No. 4031 of 2025 No.1 in the charge sheet. Bail application filed by him before the jurisdictional Sessions Court in Crl.Misc.No.1567/2025 was rejected on 25.02.2025. Therefore, he is before this Court. 4. A perusal of the material on record would go to show that on the alleged date of incident when the victim girl and her friend were walking, at about 06.00 a.m., accused No.2, who came in an auto rickshaw which was driven by accused No.1, all of a sudden got down from the auto rickshaw and after threatening victim girl and her friend, forcibly snatched the mobile phone of the victim girl and also by threatening the victim girl took a sum of Rs.1,500/- cash and thereafter, escaped in the auto rickshaw belonging to accused No.1. After accused Nos.1 and 2 were arrested, auto rickshaw belonging to accused No.1 was seized and at the instance of accused No.2, mobile phone belonging to victim girl was also recovered. Undisputedly, petitioner has no other criminal antecedents. The allegation against him is that he had helped accused No.2 to escape from the spot of crime after he had snatched the mobile phone from the victim girl. Investigation in the case is completed and charge sheet has been filed. Considering the aforesaid aspects of the matter, I am of the opinion that the - 4 - NC: 2025:KHC:14132 CRL.P No. 4031 of 2025 prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.408/2024 registered by Suddaguntepalya Police Station, Bengaluru City, for the offences punishable under Sections 238, 312, 309(4) and 3(5) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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 - 5 - NC: 2025:KHC:14132 CRL.P No. 4031 of 2025 Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN