- 1 - HC-KAR NC: 2025:KHC:22452 CRL.P No. 7096 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7096 OF 2025 BETWEEN: 1. UMAR FAROOQ S/O AKRAM KHAN AGED ABOUT 28 YEARS, R/AT NO.145, 15TH MAIN, 3RD CROSS, ANWAR LAYOUT K.G.HALLI, BENGALURU-560 045 …PETITIONER (BY SRI. NARAYANA SWAMY M, ADVOCATE) AND: 1. STATE BY K G HALLI POLICE STATION BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU-560001 …RESPONDENT (BY SMT. WAHEEDA M.M, 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 IN CRIME NO.317/2022 S.C.NO.1370/2024 FOR OFFENCE P/US /397,34 OF IPC OF KADUGONDANAHALLY P.S., PENDING ON THE FILE OF THE COURT OF IV ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CITY. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22452 CRL.P No. 7096 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.1370/2024 pending before the court of XXVIII Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru, arising out of Crime No.317/2022 registered by Kadugondanhalli Police Station, Bengaluru for the offence punishable under Section 397 read with Section 34 of Indian Penal Code, 1860 is before this court under Section 439 of Code of Criminal Procedure, 1973 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.317/2022 was registered by Kadugondanhalli Police Station, Bengaluru for the aforesaid offences against petitioner and others based on first information dated 12.09.2022 received from - 3 - HC-KAR NC: 2025:KHC:22452 CRL.P No. 7096 of 2025 Mr.Saravana Kumar who is the alleged victim in the present case. 4. After completion of the investigation in the case, charge sheet has been filed for the aforesaid offences against three persons. Petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the jurisdictional Sessions court in Crl.Misc.26167/2024 was rejected on 28.01.2024. Therefore, he is before this court. 5. Learned counsel for the petitioner having reiterated the grounds in the petition submits that in all the earlier criminal cases registered against the petitioner, he is enlarged on bail. In the present case, he is in custody for the last more than 11 months. Accused Nos.2 and 3 have already been enlarged on bail. Petitioner is ready and willing to cooperate before the trial court for speedy disposal of the case. Accordingly, he prays to allow the case. - 4 - HC-KAR NC: 2025:KHC:22452 CRL.P No. 7096 of 2025 6. Per contra, learned learned High Court Government Pleader who has opposed the petition however, does not dispute the submission made by the learned Counsel for the petitioner. She submits that considering the antecedents of the petitioner, appropriate conditions may be imposed on him. 7. From perusal of the first information submitted by the alleged victim, it is apparent that the petitioner was known to the first informant and under these circumstances the FIR was registered against the petitioner and two other unknown persons. 8. In the first information, it is alleged that on 06.09.2022 at about 9.30 a.m. when the victim was riding his two wheeler, the accused persons who came in a red colour Honda Activa scooter allegedly stopped the two wheeler of the first informant and the petitioner who was acquainted to the first informant allegedly snatched a sum of Rs.8,000/- from the pocket of first informant. It is - 5 - HC-KAR NC: 2025:KHC:22452 CRL.P No. 7096 of 2025 under these circumstances, FIR was registered against the petitioner and two others. 9. During the course of investigation, accused Nos.1 to 3 were arrested and after completing investigation, charge sheet has been filed against them.. Accused Nos.2 and 3 have been enlarged on bail by the Sessions Court. It is not in dispute that in the earlier criminal cases registered against the petitioner, he is enlarged on bail. So far as the present case is concerned, he is in custody for the last 11 months. The alleged offence is not exclusively punishable with life imprisonment or death. Petitioner has undertaken to co- operate with the trial court for speedy disposal of the case. Considering the criminal antecedents of the petitioner, appropriate conditions is required to be imposed on him while enlarging him on bail. Accordingly, the following: ORDER - 6 - HC-KAR NC: 2025:KHC:22452 CRL.P No. 7096 of 2025 The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.317/2022 of Kadugondanahalli Police Station registered for the offences punishable under Section 397 read with Section 34 of Indian Penal Code, 1860, subject to the following conditions: a) Petitioner shall execute 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; - 7 - HC-KAR NC: 2025:KHC:22452 CRL.P No. 7096 of 2025 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 appear before the SHO, Kadugondanahlli Police Station, Bengaluru on every first Sunday of the month and mark is attendance between 10.00 a.m. and 1.00 p.m. regularly for a period of one year from today. Sd/- (S VISHWAJITH SHETTY) JUDGE SS List No.: 1 Sl No.: 47