- 1 - HC-KAR NC: 2025:KHC:21106 CRL.P No. 6317 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6317 OF 2025 BETWEEN: MOHAMMED MUNNA @ MUNNA S/O MOHAMMED KHALIL AGED ABOUT 48 YEARS R/AT 788, 17TH CROSS 'C' BLOCK, GOUSIANAGARA MYSURU CITY - 570 001. …PETITIONER (BY SRI MOHAN B.K, ADV.) AND: STATE BY SRIRANGAPATNA RURAL POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE ON BAIL IN CC.NO.263/2025 REGISTERED IN SRIRANGAPATNA RURAL STATION, SRIRANGAPATNA, MANDYA DISTRICT PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC AT SRIRANGAPATNA FOR THE OFFECNE P/U/S. 305, 331(4) OF BNS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21106 CRL.P No. 6317 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 in Crime No.235/2024 registered by Srirangapatna Rural Police Station, Mandya, for the offences punishable under Sections 331(4), 305 and 317(2) of BNS, 2023, is 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.235/2024 was registered by Srirangapatna Rural Police Station, Mandya, initially for the offences punishable under Sections 331(4) and 305 of BNS, 2023, against unknown persons based on the first information dated 10.11.2024 received from Prakash N S/o late Narayanappa. During the course of investigation, accused No.1 was arrested on 16.11.2024 and based on his confession statement, petitioner herein was arrested on 05.01.2025. After completing investigation, charge sheet has been filed against three persons and petitioner is arraigned as accused No.2 in the charge sheet. His wife is arraigned as accused No.3 in the - 3 - HC-KAR NC: 2025:KHC:21106 CRL.P No. 6317 of 2025 charge sheet. Accused Nos.1 and 2 had filed bail application before the jurisdictional Court of Magistrate in CC No.263/2025 which was rejected on 07.03.2025. Thereafter, petitioner had filed Crl.Misc.No.5100/2025 before the jurisdictional Sessions Court which was rejected on 02.04.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that allegation against accused Nos.1 and 2 is similar in the present case. Accused No.1 has been granted regular bail by the jurisdictional Sessions Court in Crl.Misc.No.5168/2025 disposed of on 31.05.2025. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. He submits that petitioner is a person with criminal antecedents and there are as many as 18 cases of similar nature registered against him. In the event he is enlarged on bail, he is likely to commit similar offences. Accordingly, he prays to dismiss the petition. 6. Perusal of the order passed by the Trial Court in CC No.263/2025 rejecting the bail application of accused Nos.1 - 4 - HC-KAR NC: 2025:KHC:21106 CRL.P No. 6317 of 2025 and 2 by order dated 07.03.2025 would go to show that prayer made by accused Nos.1 and 2 for grant of regular bail was principally rejected considering the fact that accused No.1 was involved in 48 criminal cases and he was also convicted in four cases. Insofar as petitioner is concerned, he is involved in 18 cases registered for similar offences. Accused No.1 has now been granted regular bail on the merits of the case by the jurisdictional Sessions Court in Crl.Misc.No.5168/2025 disposed of on 31.05.2025. Accused No.3 has been granted anticipatory bail in the present case by the jurisdictional Sessions Court in Crl.Misc.No.5125/2025 disposed of on 24.04.2025. The State has not questioned the order granting bail to accused No.1 by the jurisdictional Sessions Court till date. Under the circumstances, I do not find any good ground to reject the prayer made by the petitioner seeking regular bail. However, learned HCGP has expressed apprehension therefore, appropriate condition requires to be imposed on the petitioner while granting bail. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.235/2024 registered by - 5 - HC-KAR NC: 2025:KHC:21106 CRL.P No. 6317 of 2025 Srirangapatna Rural Police Station, Mandya, for the offences punishable under Sections 331(4), 305 and 317(2) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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. f) The petitioner shall attend and mark his attendance before the SHO of Srirangapatna Rural Police Station, Mandya, on every Sunday between - 6 - HC-KAR NC: 2025:KHC:21106 CRL.P No. 6317 of 2025 10.00 a.m. and 01.00 p.m. till the present case registered against him is disposed off. f) In the event, petitioner involves himself in committing any crime in future, it is always open for the prosecution to seek cancellation of bail. Sd/- (S VISHWAJITH SHETTY) JUDGE DN