- 1 - HC-KAR NC: 2025:KHC:20107 CRL.P No. 7123 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. 7123 OF 2025 BETWEEN: MR. HAKIULLA AGED ABOUT 30 YEARS OCCUPATION POP WORK 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 PUBIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGED THE ACCUSED NO.2/PETITIONER HEREIN ON REGULAR BAIL IN CC NO.11988/2025 (ARISING OUT OF CRIME NO.69/2024) FOR THE O/P/U/S 123, 305C, 3(5) OF THE BNS ACT, 2023 REGISTERED BY RESPONDENT POLICE I.E BENGALURU RURAL RAILWAYS P.S WHICH IS PENDING FOR THE ADJUDICATION ON THE FILE OF THE XLI ACJM AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20107 CRL.P No. 7123 of 2025 ORAL ORDER 1. Accused No.2 in Crime No.69/2024 registered by Bengaluru Rural 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.69/2025 was registered by wadi railway police and subsequently transferred to Bengaluru Rural Railway Police Station, Karnataka Railways, for the aforesaid offences against unknown persons based on the first information dated 02.09.2024 received from Krishna S/o Venkatesh. 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 and subsequently, remanded to judicial custody in the present case. After completing investigation, charge sheet has been filed against three persons and petitioner is arraigned as accused No.2 in the charge sheet. Bail application filed by him before the jurisdictional Sessions - 3 - HC-KAR NC: 2025:KHC:20107 CRL.P No. 7123 of 2025 Court in Crl.Misc.No.3411/2025 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 based on 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 02.09.2024 submitted by Krishna S/o. Venkatesh. In the first information, it is alleged that on 01.09.2024 when the first informant was traveling from Bengaluru Railway Station to Wadi Railway - 4 - HC-KAR NC: 2025:KHC:20107 CRL.P No. 7123 of 2025 Station in Train bearing No.12627 - Karnataka Express with one Soheb S/o. Sabbir who was traveling to Kalaburagi from Bangalore, one person aged between 26 years entered the compartment in which first informant was sitting and the said person allegedly gave some eatables and cold drinks to the first informant and said Soheb and after consuming it, first informant and soheb allegedly slept. On the next day, when they woke up they found that their belongings including their mobile phones were robbed by the said person. Petitioner and other accused persons, who were arrested in some other case were produced under body warrant in this case and after 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. 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 apprehension expressed by learned HCGP can be taken care of by imposing appropriate conditions. Accordingly, the following order:- - 5 - HC-KAR NC: 2025:KHC:20107 CRL.P No. 7123 of 2025 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.69/2024 registered by Bengaluru Rural 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; d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE DN