- 1 - HC-KAR NC: 2025:KHC:20108 CRL.P No. 7121 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7121 OF 2025 BETWEEN: MR HAKIULLA AGED ABOUT 30 YEARS OCCUPATION POP WORD S/O LATE ZABIVULLA RESIDENT OF VILLAGE INTIYATHOK DISTRICT GONDA UTTAR PRADESH - 271 001. …PETITIONER (BY SRI SHAHIDA KHANAM J, ADV.) AND: THE STATE OF KARNATAKA BY BENGALURU CITY RAILWAY P.S REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON REGULAR BAIL IN CC.NO.11848/2025 ARISING OUT OF CR.NO.63/2024 REGISTERED BY RESPONDENT POLICE, BANGALORE CITY RAILWAY P.S., FOR THE OFFENCES P/U/S 123,3(5),305(C) OF BNS, 2023, PENDING ON THE FILE OF THE 41st ACJM, AT BENGALURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20108 CRL.P No. 7121 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 1. Accused No.2 in Crime No.63/2024 registered by Bengaluru City Railway Police Station, Karnataka Railways, for the offences punishable under Sections 123, 3(5) and 305(c) 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.63/2025 was registered by Bengaluru City Railway Police Station, Karnataka Railways, for the aforesaid offences against unknown persons based on the first information dated 13.09.2024 received from Ritin Dugalkishore Jha S/o Dugalkishore. During the course of investigation of the case, petitioner herein, who was arrested in some other criminal case was produced under body warrant in the present case on 09.12.2024 and subsequently, was remanded to judicial custody. After completing investigation, charge sheet has been filed against three persons and the petitioner is - 3 - HC-KAR NC: 2025:KHC:20108 CRL.P No. 7121 of 2025 arraigned as accused No.2 in the charge sheet. Bail application filed by him before the jurisdictional Sessions Court in Crl.Misc.No.3410/2025 was rejected on 29.04.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that in all the other criminal cases registered against the petitioner, he has been enlarged on bail. In the present case, there is no test identification parade conducted and solely on the basis of the confession statement of other accused persons, petitioner has been arraigned as an accused. Accordingly, prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition on the ground that petitioner is a person with criminal antecedents. She submits that petitioner hails from Uttar Pradesh State and in the event, he is enlarged on bail, it would be difficult to secure his presence. 6. FIR in the present case was registered against unknown persons based on the first information dated 13.09.2024 submitted by Ritin Dugalkishore Jha. In the first information, it - 4 - HC-KAR NC: 2025:KHC:20108 CRL.P No. 7121 of 2025 is alleged that on 30.08.2024 when the first informant was traveling from Bengaluru Railway Station to Jhansi Railway Station in Train bearing No.12627 - Karnataka Express, about four persons aged between 25-26 years had entered the compartment in which first informant was sitting and the said persons allegedly gave some eatables and cold drinks to the first informant and after consuming the same, first informant allegedly slept. On the next day, when he woke up he found that his belongings including his mobile phone were robbed by the said persons. In respect of the alleged incident that had taken place on 30.08.2024, FIR was belatedly registered on 13.09.2024 against unknown persons. Petitioner and other accused persons, who were arrested in some other case were produced under body warrant in this case and after completing the investigation, charge sheet has been filed for the aforesaid offences. The maximum punishment for the alleged offences is imprisonment for a period of ten years. The petitioner is in custody in the present case for the last more than six months. In the other criminal cases registered against the petitioner, he has been already enlarged on bail and the said aspect of the matter has not been disputed by learned HCGP. The - 5 - HC-KAR NC: 2025:KHC:20108 CRL.P No. 7121 of 2025 apprehension expressed by learned HCGP can be taken care of by imposing appropriate conditions. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.63/2024 registered by Bengaluru City Railway Police Station, Karnataka Railways, for the offences punishable under Sections 123, 3(5) and 305(c) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.2,00,000/- with two sureties for the likesum, out of which one shall be a local surety, 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; - 6 - HC-KAR NC: 2025:KHC:20108 CRL.P No. 7121 of 2025 d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE DN