- 1 - NC: 2025:KHC:17903 CRL.P No. 5610 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5610 OF 2025 BETWEEN: 1. NAYAZ S/O NAVAB JOHN AGED ABOUT 27 YEARS RESIDING AT NO.09 2ND CROSS, NEAR AXIS ATM PILLANNA GARDEN A.C. POST BENGALURU - 560 045. 2. SHAKIB AHAMED S/O LATE ABIB JOHN AGED ABOUT 29 YEARS R/AT NO.50, NEAR 3RD CROSS BACK SIDE OF BILAL MASJID K.J.HALLI, A.C.POST BANGALORE - 560 045. …PETITIONERS (BY SRI T. PRAKASH, ADV.) AND: STATE BY DEVARAJEEVANAHALLI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS, BANGALORE - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER NO.1 AND 2/ ACCUSED NO.2 AND 3 IN CR.NO.79/2020, C.C.NO.52799/2020 NOW NUMBERED AS S.C.NO.149/2021 FOR THE OFFENCE P/US/ 302,143,147,148,149 OF IPC PENDING ON THE FILE OF THE ADDL. Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17903 CRL.P No. 5610 of 2025 CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH-21). 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 Nos.2 and 3 in SC No.149/2021 pending before the Court of IV Addl. City Civil and Sessions Judge, Mayohall Unit, Bengaluru, arising out of Crime No.79/2020 registered by Devarajeevanahalli Police Station, Bengaluru City, for the offences punishable under Sections 143, 147, 148, 302 read with Section 149 of IPC, are before this Court in this successive bail petition filed under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.79/2020 registered by Devarajeevanahalli Police Station, Bengaluru City, for the offences punishable under Sections 302, 143, 147, 148 and 149 of IPC, against Younus and others based on the first information dated 29.02.2020 received from Imran Khan S/o Iqbal Khan, who is the brother of deceased Amjad Khan. During - 3 - NC: 2025:KHC:17903 CRL.P No. 5610 of 2025 the course of investigation, petitioners herein were arrested on 02.03.2020. After completing investigation, charge sheet has been filed as against 14 persons and petitioners herein are arraigned as accused Nos.2 and 3 in the charge sheet. Since their bail application was rejected before the jurisdictional Sessions Court, they had approached this Court earlier in Crl.P.No.10510/2023 and Crl.P.No.8388/2023 which were dismissed as withdrawn and not pressed respectively. Thereafter, trial in the case has commenced before the Trial Court and it is under these circumstances, they are before this Court in this successive bail application. 4. Learned counsel for the petitioners submits that petitioners do not have any criminal antecedents and they are in custody for the last more than five years. All the material charge sheet witnesses have turned hostile to the case of the prosecution. 5. Per contra, learned HCGP who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioners. - 4 - NC: 2025:KHC:17903 CRL.P No. 5610 of 2025 6. The material on record would go to show that FIR in the present case was initially registered against four named persons and others. During the course of investigation, 14 persons were arrested and in the charge sheet, petitioners are arraigned as accused Nos.2 and 3. CW1, who is the first informant in the present case and CW 13 to CW 16 are the alleged eye witnesses in the present case. The aforesaid eye witnesses have already been examined before the Trial Court as PW6, PW 11 to PW 14 and according to learned counsel for the petitioners, all the aforesaid eye witnesses have turned hostile to the case of the prosecution. Be that as it may, the fact remains that petitioners who have no other criminal antecedents are in custody for the last more than five years. Considering the period of petitioners' incarceration, I am of the opinion that without expressing any opinion on merits and demerits of the case, the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioners are directed to be enlarged on bail in SC No.149/2021 pending before the Court of IV Addl. City Civil and Sessions Judge, Mayohall Unit, - 5 - NC: 2025:KHC:17903 CRL.P No. 5610 of 2025 Bengaluru, arising out of Crime No.79/2020 registered by Devarajeevanahalli Police Station, Bengaluru City, for the offences punishable under Sections 143, 147, 148, 302 read with Section 149 of IPC, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- 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; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN