- 1 - HC-KAR NC: 2025:KHC:19333 CRL.P No. 7229 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7229 OF 2025 BETWEEN: SRI MOHAMMED YASEEN @ YASSEN (A-1) S/O SALEEM PASHA AGED ABOUT 25 YEARS R/AT VINAYAKA NAGARA BEHIND RIZWAN MAAJID, J.P. NAGAR BENGALURU - 560 078. …PETITIONER (BY SRI SRINATHA B.V, ADV.) AND: THE STATE OF KARNATAKA BY KAMAKSHIPALYA POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN SC.NO.1879/2018 (CRIME NO.414/2018) WHICH IS PENDING ON FILE OF LXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, BEGNALURU (CCH-67) CRIME REGISTERED BY KAMAKSHIPALYA POLICE STATION FOR THE OFFENCE PUNISHABLE U/S. 399 AND 402 OF IPC. 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:19333 CRL.P No. 7229 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.1879/2018 pending before the Court of LXVI Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.414/2018 registered by Kamakshipalya Police Station, Bengaluru city for offences punishable under Sections 399 & 402 of IPC is before this Court under Section 439 of Cr.P.C, seeking regular bail. 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioner submits that on the merits of the case the petitioner was earlier granted regular bail and for the reason that he had not appeared before the Court on the regular dates of hearing, his presence was secured and he was remanded to judicial custody on 16.01.2025. The petitioner has not involved in any criminal case after the year 2019 onwards. He is ready and willing to cooperate with the Trial Court for the purpose of speedy disposal of the case. Accordingly, he prays to allow the petition. - 3 - HC-KAR NC: 2025:KHC:19333 CRL.P No. 7229 of 2025 4. Per contra, learned HCGP who has opposed the petition however does not dispute the submission made by learned counsel for the petitioner . 5. Perusal of the material on record would go to show that, on the merits of the case the petitioner was earlier granted regular bail in the present case. It appears that after the case was committed, the petitioner remained absent before the Trial Court and therefore coercive action has taken against him and ultimately his presence was secured before the Trial Court on 16.01.2025 and on the said date he was remanded to judicial custody. It is not in dispute that after the year 2019 onwards, the petitioner has not involved in any other criminal case. The alleged offences are not punishable with death or life imprisonment. The petitioner has undertaken to cooperate before the Trial Court for speedy disposal of the case. The petitioner, who was granted regular bail in the present case earlier is in custody from 16.01.2025 and - 4 - HC-KAR NC: 2025:KHC:19333 CRL.P No. 7229 of 2025 for the mistake committed by him he has been substantially punished. 6. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 7. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.1879/2018 pending before the Court of LXVI Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.414/2018 registered by Kamakshipalya Police Station, Bengaluru city for offences punishable under Sections 399 & 402 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two - 5 - HC-KAR NC: 2025:KHC:19333 CRL.P No. 7229 of 2025 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 NMS