- 1 - NC: 2025:KHC:16719 CRL.P No. 4751 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4751 OF 2025 BETWEEN: 1. JABIULLA, S/O PASHA BAIG, AGED ABOUT 43 YEARS, BHERYA VILLAGE, SALIGRAMA TALUK, HASSAN DISTRICT - 571 604 2. PUNEETH, S/O NARASIMHASHETTY, AGED ABOUT 23 YEARS, K.R. PET TALUK, MANDYA DISTRICT - 571 426 IN JUDICIAL CUSTODY …PETITIONERS (BY SMT. SHAHEEDA KHANUM .S., SRI. MUSKOOR HASHMI M.D., ADVOCATES) AND: STATE OF KARNATAKA BY HALLIMYSORE P.S REP. BY STATE PUBIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001 …RESPONDENT (BY SMT. PUSHPALATHA .B., ADDL.S.P.P.) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO ENLARGE THE ACCUSED NO.2 AND 3 / PETITIONERS HEREIN ON REGULAR BAIL IN CRIME.NO.25/2025 REGISTERED BY RESPONDENT POLICE I.E., HALLIMYSORE P.S., FOR THE OFFENCE P/U/S.311 OF THE BNS 2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT HOLENARASIPURA. Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:16719 CRL.P No. 4751 of 2025 THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.2 and 3 in Crime No.25/2025 registered by Hallymysore Police Station, Hassan District, for the offence punishable under Section 311 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') are before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking regular bail. 2. Heard the learned counsels for the parties. 3. FIR in Crime No.25/2025 was registered by Hallymysore Police Station, Hassan District for the aforesaid offence against Mahamed Shafi and the petitioners herein on the basis of the first information dated 28.01.2025 received from Harisha.N.B S/o Basavegowa. During the course of investigation, petitioners herein were arrested on 28.01.2025 and subsequently remanded to judicial custody. In their remand application, they are arrayed as accused Nos.2 and 3. Their bail application filed before the Jurisdictional Sessions Court in Crl.Misc.No.180/2025 was rejected on 05.03.2025. Therefore, the petitioners are before this Court. - 3 - NC: 2025:KHC:16719 CRL.P No. 4751 of 2025 4. Perusal of the materials on record would go to show that on the intervening night of 27.01.2025 and 28.01.2025 at about 1.30 a.m., first informant allegedly heard the dogs barking and therefore, he came out of his house and found that about six to seven strangers had assembled near his house armed with deadly weapons. When the first informant questioned about their whereabouts, they allegedly asked him where he had kept the valuables in his house and attempted to assault him with weapons. First informant therefore raised a cry and therefore, his relatives and neighbourers gathered near the spot and when the accused persons tried to escape, the first informant and others managed to apprehend three persons, while the other accused persons ran away. 5. The apprehended accused were handed over to the police and thereafter, FIR was registered against accused Nos.1 to 3 and others. Petitioners are arrayed as accused Nos.2 and 3 in the FIR. Undisputedly, so far as the present case is concerned, the allegation against the accused is that they had made an attempt to commit dacoity. 6. Accused persons have not assaulted anybody and undisputedly, nobody has suffered any injury in the alleged - 4 - NC: 2025:KHC:16719 CRL.P No. 4751 of 2025 incident. Accused No.1 appears to be a history sheeter having about 20 criminal cases registered against him for offences punishable under the Prevention of Cruelty to Animals Act. So far as accused No.2 is concerned, one case is registered in Cr.No.159/2022 for the offences punishable under the Prevention of Cruelty to Animals Act. Undisputedly, accused No.3 has no other criminal antecedents. Considering the aforesaid aspects of the matter, I am of the opinion that prayer made by the petitioners, who are in custody from 28.01.2025 for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following:- ORDER The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.25/2025 registered by Hallymysore Police Station, Hassan District, for the offence punishable under Section 311 of BNS, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties each for the likesum, to the satisfaction of the jurisdictional Court; - 5 - NC: 2025:KHC:16719 CRL.P No. 4751 of 2025 b) The petitioners 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 petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. f) Accused No.2 is directed to appear before the Station House Officer of Hallymysore Police Station, Hassan District, on every third Sunday of the month and mark his attendance between 10.00 a.m, to 1.00.p.m., till the case registered against him is disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE BH List No.: 1 Sl No.: 40