- 1 - NC: 2025:KHC:17152 CRL.P No. 5276 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. 5276 OF 2025 BETWEEN: 1. ABDUL RAZAR S/O SAIFULLA AGED ABOUT 19 YEARS R/AT, 24-B, 12TH CROSS JANATHA COLONY, MARALUR NEAR QUBA MASJID, TUMKUR CITY - 572 101. 2. ABDUL WAHAB @ SADDAM A-3 S/O FAYAZ AHAMED AGED ABOUT 25 YEARS R/AT, 2ND CROSS MARALURU DINNE TUMKUR CITY - 572 101. …PETITIONERS (BY SRI MANJUNATH M.R, ADV.) AND: THE STATE OF KARNATAKA BY DOBBASPET P.S BENGALURU RURAL DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO259/2024 REGISTERED BY DOBBESPET PS, BENGALURU RURAL DISTRICT, BENGALURU FOR THE OFFENCE P/US/ 309(4),309(6),111(2) OF BNS 2023 PENDING ON THE FILE OF THE IX ADDL DISTRICT AND SESSIONS JUDGE BENGALURU RURAL Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17152 CRL.P No. 5276 of 2025 DISTRICT AT BENGALURU NOW CASE REGISTERED AS S.C.NO.59/2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.2 and 3 in Crime.No.259/2024 registered by Dobbespet Police Station, Bengaluru District for the offences punishable under Sections 309(4), 309(6) & 112(2) of BNS, 2023 are 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.259/2024 was registered by Dobbespet Police Station, Bengaluru District against two unknown persons on the basis of the first information dated 29.10.2024 submitted by Sri Kalander S/o Late Siddiq. During the course of investigation, the petitioners were arrested on 18.11.2024 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against three persons. - 3 - NC: 2025:KHC:17152 CRL.P No. 5276 of 2025 The petitioners herein are arrayed as accused Nos.2 and 3 in the charge sheet. 4. The bail application filed by the petitioners before the jurisdictional Sessions Court in Crl.Misc.No.504/2025 was rejected on 22.03.2025. Therefore, they are before this Court. 5. Learned counsel appearing for petitioners submits the petitioners have no criminal antecedents. Accused No.1 is already in custody. The alleged offences are not exclusively punishable with death or life imprisonment. Accordingly, he prays to allow the petition. 6. Per contra, the learned Addl. SPP who has opposed the bail application however does not dispute the submission made by the learned counsel for the petitioners. 7. FIR in the present case was initially registered against two unknown persons on the basis of first information dated 29.10.2024 received from the victim Kalander. In the first information he has stated that, on - 4 - NC: 2025:KHC:17152 CRL.P No. 5276 of 2025 28.10.2024 at about 10.00 p.m, when he was returning home after completing his work, he had stopped his bike to attend the nature call and at about 10.45 p.m, two unknown persons who came in the bike bearing registration No. No.KA-06-HB-9672 had demanded money, when he refused to pay the money they assaulted him and had allegedly taken cash of Rs.20,000/- from his pocket, one gold finger ring weighing 3 grams and also his i- phone. 8. During the course of investigation, three persons were arrested in the present case and after completing investigation, charge sheet has been filed against the said three persons. As per charge sheet allegation, on 28.10.2024 at about 10.45 p.m, the accused persons, who came in two wheeler bearing registration No.KA-06-HB-9672 allegedly had threatened the first informant - CW.1 with a machete and demanded money from him. When he refused to pay money, accused Nos.1 and 2 allegedly assaulted him with deadly weapon and - 5 - NC: 2025:KHC:17152 CRL.P No. 5276 of 2025 thereafter robbed a sum of Rs.20,000/- from his pocket, one gold finger ring weighing 3 grams and also his I-phone and had left the place. The robbed articles were subsequently recovered from the accused persons, after they were arrested on 18.11.2024. Investigation in the case is complete and charge sheet has been filed. 9. Undisputedly, the petitioners, who are arraigned as accused Nos.2 and 3 in the charge sheet have no criminal antecedents and they are in custody for the last more than five months. The alleged offences are not exclusively punishable with death or life imprisonment. The petitioners are youngsters, aged about 19 and 25 years respectively. Under these circumstances, I am of the opinion that the petitioners' prayer for grant of regular bail requires to be answered affirmatively without expressing any opinion on merits / demerits of the case. 10. Accordingly, the following: ORDER The Criminal Petition is allowed. - 6 - NC: 2025:KHC:17152 CRL.P No. 5276 of 2025 The petitioners are directed to be enlarged on bail in Crime.No.259/2024 registered by Dobbespet Police Station, Bengaluru District for the offences punishable under Sections 309(4), 309(6) & 112(2) of BNS, 2023, subject to the following conditions: a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS