- 1 - NC: 2025:KHC:15508 CRL.P No. 4349 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4349 OF 2025 BETWEEN: IBRAHIM SARFRAZ @ CHAPPU, AGED ABOUT 41 YEARS, S/O AHAMMED BAVA, R/AT. D.NO 19, M.D PARVESH MANSION, NEAR AHAD MASJID, MYSORE. PRESENTLY R/A: 22-1/54/8(1), KEYI COMPOUND, MULIHITLU, BOLAR, MANGALORE-575 001. …PETITIONER (BY SRI DEEPAK S SHETTY, ADVOCATE [PH]) AND: STATE BY MANGALURU SOUTH POLICE STATION, MANGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) TO ENLARGE THE PETITIONER ON BAIL IN C.C.NO.1036/2025 (CRIME NO.236/2025 OF MANGALURU SOUTH POLICE STATION), REGISTERED BY THE MANGALURU RURAL POLICE STATION, FOR THE OFFENCES P/U/S.143, 147, 148, 341, 364(A), 395 R/W SECTION 149 OF IPC ON THE FILE OF JMFC II COURT, MANGALURU. Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15508 CRL.P No. 4349 of 2025 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 C.C.No.1036/2025 pending before the Court the JMFC II Court, Dakshina Kannada, Mangaluru arising out of Cr.No.236/2014 registered at Mangalore South Police Station, Dakshina Kannada District for the offences punishable under Section 143, 147, 148, 341, 364(A), 395 r/w 149 of IPC, is before this Court under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Cr.No.236/2014 was registered by Mangalore South Police Station, Dakshina Kannada District initially for the offence punishable under Sections 364A and 395 against unknown 05 persons based on the First Information dated 23.10.2014 received from Sajan N. S/o Ambady. During the course of investigation of the case, - 3 - NC: 2025:KHC:15508 CRL.P No. 4349 of 2025 petitioner herein was arrested on 13.02.2025 and remanded to judicial custody. After completing investigation, charge sheet was filed against 05 accused persons and the petitioner has been arrayed as accused No.1 in the charge sheet. Since he was absconding, a split up case was registered against him and so far as accused Nos.2 and 3 are concerned, the case was committed to the jurisdictional trial Court and they were tried in S.C.No.150/2016. Petitioners bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.154/2025 was rejected on 06.03.2025. Therefore, petitioner is before this Court. 4. A perusal of the material on record would go to show that accused Nos.2 and 3 who were tried for the charge sheet offences in S.C.No.150/2016 have been acquitted by the trial Court vide judgment and order of acquittal dated 12.08.2021. It is submitted that the said order of acquittal has attained finality. It is on this ground, the proceedings as against accused No.4 was quashed by the Co-ordinate - 4 - NC: 2025:KHC:15508 CRL.P No. 4349 of 2025 Bench of this Court in Crl.P.No.9145/2022 disposed of on 30.09.2022. The petitioner as against the similar allegations are found in the charge sheet is now in custody from 13.02.2025. Considering the aforesaid aspects of the matter, I am of the opinion that the 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 in C.C.No.1036/2025 pending before the Court the JMFC II Court, Dakshina Kannada, Mangaluru arising out of Cr.No.236/2014 registered at Mangalore South Police Station, Dakshina Kannada District for the offences punishable under Section 143, 147, 148, 341, 364(A), 395 r/w 149 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 - 5 - NC: 2025:KHC:15508 CRL.P No. 4349 of 2025 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 NR/- List No.: 1 Sl No.: 106