- 1 - HC-KAR NC: 2025:KHC:21942 CRL.P No. 6081 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6081 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 PULAKESHINAGARA P.S., BANGALORE. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO THE ACCUSED NO.1/PETITIONER IN CRIME NO.105/2022, NOW IN S.C 880/2022 FOR O/U/S 353, 307 R/W 34 OF IPC OF PULAKESHINAGARA P.S PENDING BEFORE THE HONBLE COURT XXVI ADDL.CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-20). Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21942 CRL.P No. 6081 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 Accused No.1 in S.C.No.880/2022 pending before the Court of XXVI Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru, arising out of Cr.No.105/2022 registered by Pulakeshinagar Police Station, Bengaluru, for offences punishable under Sections 353, 307 read with Section 34 of IPC is before this Court under Section 439 of Cr.PC, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.105/2022 was registered by Pulakeshinagar Police Station, Bengaluru, against the petitioner and another for offences punishable under Sections 307 and 353 of IPC, based on the first information dated 09.03.2022 received from Anand Kokkannavar, police officer attached to Pulakeshinagar Police Station, Bengaluru. - 3 - HC-KAR NC: 2025:KHC:21942 CRL.P No. 6081 of 2025 4. In the said case, the petitioner was arrested on 09.03.2022 and subsequently remanded to the judicial custody. After completing investigation, charge sheet has been filed against two persons for the aforesaid offences and case is now pending before the jurisdictional Sessions Court in S.C.No.880/2022. The bail application filed by the petitioner before the Trial Court in S.C.880/2022 was rejected on 19.03.2025. Therefore, petitioner is before this Court. 5. Learned counsel for the petitioner submits that in Cr.No.104/2022 which was registered against the petitioner and others for offences punishable under Section 302 of IPC, the petitioner has been already enlarged on bail by this Court in Crl.P.No.4691/2025 disposed of on 25.04.2025. Accused No.2 has been enlarged on bail in the present case by trial Court. Victims have suffered only simple injury in the present case. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:21942 CRL.P No. 6081 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. 7. Material on record would go to show that FIR in Cr.No.104/2022 was registered for offences punishable under Section 302, 341 read with Section 34 of IPC registered by Pulakeshinagar police station, Bengaluru and in the said case, petitioner and accused No.2 in this case were arraigned as accused. On 09.03.2022, when the police attached to the Pulakeshinagar police station made attempts to arrest the petitioner and accused No.2 who were arraigned as accused in Cr.No.104/2022, the petitioner and other accused allegedly tried to escape and they also assaulted the police with weapons and therefore, the police in retaliation had fired from their service pistol on the leg of the accused in the present case. Thereafter, the accused in the present case were arrested and remanded to the judicial custody. - 5 - HC-KAR NC: 2025:KHC:21942 CRL.P No. 6081 of 2025 8. Undisputedly, the victims in the present case have suffered only simple injury as a result of the assault made by accused Nos.1 and 2 in the present case. The petitioner has been enlarged on bail in Cr.No.104/2022 by this Court in Crl.P.No.4691/2025 disposed of on 25.04.2025. 9. Material on record would go to show that accused No.2 was enlarged on bail in the present case by the trial Court on 11.01.2024. Petitioner is in custody in the present case for last more than three years. Under the circumstances, I am of the view 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 S.C.No.880/2022 pending before the Court of XXVI Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru, arising out of Cr.No.105/2022 registered by Pulakeshinagar Police Station, Bengaluru, for offences - 6 - HC-KAR NC: 2025:KHC:21942 CRL.P No. 6081 of 2025 punishable under Sections 353, 307 read with Section 34 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 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 rv Sl No.: 32, CT: BHK