- 1 - HC-KAR NC: 2025:KHC:21070 CRL.P No. 7321 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. 7321 OF 2025 BETWEEN: 1. SRI AJAY RAO @ AJAY KUMAR S/O NORATH MAL RAAW AGED ABOUT 25 YEARS R/A NO. BHAGAWANPUA POST JAWAJA TAHSIL, BEAWAR, JAWAJA AJMER, RAJASTHAN - 305 922. 2. SRI SUNIL SINGH S/O LAKHAN SINGH AGED ABOUT 19 YEARS R/AT NO. MANDIR WALA BAS KOTRA, AJMER, RAJASTHAN - 305 927. …PETITIONERS (BY SRI G. RAKESH RAJ, ADV.) AND: STATE OF KARNATAKA CITY MARKET P.S. BANGALORE PIND CODE - 560 001 REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE ABOVE PETITIONER NO.1 AND 2 ON BAIL IN C.C.NO.10757/2025 OF CRIME NO.18/2025 REGISTERED BY CITY MARKET POLICE STATION P/U/S 310(2) OF BNS ACT OF 2023 R/W 3, 25(1B)(a) INDIAN ARMS ACT 1959 REGISTERED BY RESPONDENT CITY MARKET POLICE, PENDING BEFORE VTH ADDL. CMM, BENGALURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21070 CRL.P No. 7321 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 nos.1 & 2 in Crime No.18/2025 registered by City Market Police Station, Bengaluru City, for the offences punishable under Sections 310(2) of BNS, 2023, and Sections 3, 25(1B)(a) of Indian Arms Act, 1959, are before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioners submits that accused no.1 has been released on bail in Crl.P.No.6991/2025 by the coordinate bench of this Court on the ground that the accused were not served with grounds of arrest at the time of their arrest. He submits that the said ground is also available as against accused no.2. 4. Learned HCGP, on instructions, submits that grounds of arrest was not served on the accused or his relatives and she also submits that accused no.1 has been already released on bail. - 3 - HC-KAR NC: 2025:KHC:21070 CRL.P No. 7321 of 2025 4. The submissions made on both sides is placed on record. Petition is dismissed as having rendered infructuous as against accused no.1. 5. The Hon'ble Supreme Court in the case of PANKAJ BANSAL VS UNION OF INDIA - (2024)7 SCC 576, has observed that service of grounds of arrest on the arrested accused is mandatory and failure to comply with the mandatory requirement, entitles the arrested accused to be released on bail. The said judgment has been subsequently reiterated by the Hon'ble Supreme Court in the case of PRABIR PURKAYASTHA VS STATE (NCT OF DELHI) - (2024)8 SCC 254, and in the case of VIHAAN KUMAR VS STATE OF HARYANA & ANOTHER - 2025 SCC OnLine SC 269. 6. Considering the aforesaid judgments of the Hon'ble Supreme Court, the coordinate bench of this Court has granted bail to accused no.1 in Crl.P.No.6991/2025 for the reason that he was not served with the grounds of arrest in the present case. It is not in dispute that accused no.2 was also not served with the grounds of arrest when he was arrested on - 4 - HC-KAR NC: 2025:KHC:21070 CRL.P No. 7321 of 2025 26.01.2025. Therefore, I am of the opinion the petitioner no.2/accused no.2's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 7. Petition as against petitioner no.1/accused no.1 is dismissed as having rendered infructuous. Petition as against petitioner no.2/accused no.2 is directed to be enlarged on bail in Crime No.18/2025 registered by City Market Police Station, Bengaluru City, for the offences punishable under Sections 310(2) of BNS, 2023, and Sections 3, 25(1B)(a) of Indian Arms Act, 1959, 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; d) The petitioner shall not involve in similar offences in future; - 5 - HC-KAR NC: 2025:KHC:21070 CRL.P No. 7321 of 2025 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 KK