- 1 - NC: 2025:KHC:17035 CRL.P No. 4691 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4691 OF 2025 BETWEEN: SYED MOINUDDIN @ MOIN @ MUNNA, S/O SYED WAJEED, AGED ABOUT 22 YEARS, R/AT NO.8/2, BISMILLA SHA COMPOUND BROD WAY ROAD, SHIVAJINAGAR, BENGALURU - 560 005. …PETITIONER (BY SRI. NARAYANA SWAMY M.,ADVOCATE) AND: STATE BY PULAKESHINAGAR P S BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT BANGALORE - 560 001. …RESPONDENT (BY SMT.N. ANITHA GIRISH., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO THE PETITIONER WHO IS ACCUSED NO. 1 IN CRIME.NO:104/2022, NOW IN S.C.1417/2022 FOR OFFENCES UNDER SECTION 341,323,120(B),302 R/W 149 I.P.C OF PULAKESHINAGARA P.S, PENDING BEFORE THIS HONBLE COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:17035 CRL.P No. 4691 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.1417/2022 pending before the Court of XXVI Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.104/2022 registered by Pulakeshinagar Police Station, Bengaluru city, for offences punishable under Sections 341, 323, 120(B), 302 of IPC and read with Section 149 of IPC is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.104/2022 was registered by Pulakeshinagar Police Station, Bengaluru city, initially for offence punishable under Sections 341, 302 of IPC and read with Section 34 of IPC against three unknown persons, based on the first information dated 09.03.2022 received from Shaik Mohammed Ayub, who is the father of deceased Shaik Mohammed Usama. - 3 - NC: 2025:KHC:17035 CRL.P No. 4691 of 2025 4. During the course of investigation of the case, petitioner herein was arrested on 09.03.2022 and subsequently remanded to judicial custody. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected and therefore he had approached this Court in Crl.P.No.1587/2023 which was dismissed as withdrawn with liberty to the petitioner to file a fresh bail application after examination of C.W-1 and C.W-2 is completed. It is under these circumstances, petitioner is before this Court. 5. Learned Counsel for the petitioner submits that all the other accused persons have been enlarged on bail in the present case. C.W-1 and C.W-2 are examined as P.W-1 and P.W-2 before the trial Court and said witnesses have turned hostile to the case of the prosecution. In the earlier two cases registered against the petitioner, he has been already enlarged on bail. Accordingly, he prays to allow this petition. - 4 - NC: 2025:KHC:17035 CRL.P No. 4691 of 2025 6. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner. He however brings to the notice of this Court, petitioner is a person with criminal antecedents and two other criminal cases were registered against him by the very same police station for the offences punishable under Section 307 of IPC. Accordingly, he prays to dismiss this petition. 7. FIR in the present case was registered initially against three unknown persons. During the course of investigation, petitioner herein was arrested on 09.03.2022. After completing investigation, charge sheet has been filed against four persons. It is not in dispute that all the other accused persons in the present case have been enlarged on bail. The earlier petition filed by the petitioner before this Court in Crl.P.No.1587/2023 was dismissed as withdrawn by order dated 12th April, 2023 with liberty to the petitioner to file a fresh bail application after examination of C.W-1 and C.W-2 is completed before - 5 - NC: 2025:KHC:17035 CRL.P No. 4691 of 2025 the trial Court. C.W-1 and C.W-2, who are the material charge sheet witnesses have been already examined before the trial Court as P.W-1 and P.W-2 and the said witnesses have turned hostile to the case of the prosecution. Though, they are cross-examined by the Public Prosecutor, nothing material has been elicited from their mouth, which is incriminating as against the accused persons. 8. It is not in dispute that in the earlier two criminal cases registered against the petitioner, he has been enlarged on bail. In the present case he is custody for the last more than three years. The prosecution has in all cited 87 charge sheet witnesses in the present case and till date only two charge sheet witness have been examined as P.W-1 and P.W-2. Under the circumstances, I am of the view that, without referring to the merits and demerits of the case, considering the period of incarceration of the petitioner, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. - 6 - NC: 2025:KHC:17035 CRL.P No. 4691 of 2025 Apprehension expressed by the HCGP can be taken care of by imposing appropriate conditions on the petitioner. Accordingly, the following : ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.1417/2022 pending before the Court of XXVI Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.104/2022 registered by Pulakeshinagar Police Station, Bengaluru city, for offences punishable under Sections 341, 323, 120(B), 302 of IPC and read with Section 149 of IPC, 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 mark his attendance before the Station House Officer, - 7 - NC: 2025:KHC:17035 CRL.P No. 4691 of 2025 Pulakeshinagar Police Station, Bengaluru on every alternative Sunday of every month between 10:00 a.m. and 1:00 p.m., till the case is registered against him is disposed off; c) 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; 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 his is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 38