- 1 - HC-KAR NC: 2025:KHC:19155 CRL.P No. 7494 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7494 OF 2025 BETWEEN: 1. SYED ZAKIR S/O SYED BABU AGED ABOUT 24 YEARS. 2. SYED SAMEER S/O SYED BABU AGED ABOUT 20 YEARS. BOTH ARE RESIDING AT NO.9, 7TH CROSS, BETTAHALLI LAYOUT, YELAHANKA MAIN ROAD, VIDYARANYAPURA POST BENGALURU - 560 097. …PETITIONERS (BY SRI A.S. KULKARNI, ADV.) AND: THE STATE OF KARNATAKA BY YELAHANKA NEW TOWN POLICE STATION BENGALURU - 560 064 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19155 CRL.P No. 7494 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NOS.1 AND 2 ON BAIL IN YELAHANKA NEW TOWN POLICE STATION CRIME NO.157/2025 FOR THE ALLEGED OFFENCES P/U/S. 118(1), 126(2), 351(2), 351(3), R/W 3(5) OF BNS, 2023 ON THE FILE OF THE LEARNED VII ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY. 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 and 2 in Crime No.157/2025 registered by Yelahanka New Town Police Station, Bengaluru City, for the offences punishable under Sections 118(1), 126(2), 351(2), 351(3) read with Section 3(5) of the 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.157/2025 was registered by Yelahanka New Town Police Station, Bengaluru City, initially for the offences punishable under Sections 118(1), 126(2), 351(2), 351(3) read with Section 3(5) of BNS, 2023, based on the first information dated 10.04.2025 received from Shaik Mujahid, - 3 - HC-KAR NC: 2025:KHC:19155 CRL.P No. 7494 of 2025 who is the injured victim in the present case. During the course of investigation, petitioners herein were arrested on 13.04.2025 and subsequently, remanded to judicial custody. Bail application filed by them before the jurisdictional Sessions Court in Crl.Misc.No.3438/2025 was rejected on 17.05.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that petitioners are youngsters, who are direct brothers and they do not have any criminal antecedents. In the first information itself, it is mentioned that accused No.2 and his friend had taken injured victim to the Hospital and after providing him medical treatment, they had brought him back. He submits that major portion of the investigation in the case is completed. Injured has suffered only simple injuries in the incident in question. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition on the ground that investigation of the case is under progress. 6. A perusal of the first information submitted by the injured victim would go to show that accused Nos.1 and 2 and the - 4 - HC-KAR NC: 2025:KHC:19155 CRL.P No. 7494 of 2025 injured victim were friends and on 10.04.2025 at about 07.45 a.m., injured victim had received a phone call from accused No.1 asking him to come near his house and accordingly when injured victim went near the house of accused No.1, he was allegedly assaulted by accused No.1 with a wooden club and thereafter, accused No.2 assaulted him with a knife and mother of accused Nos.1 and 2, who is arraigned as accused No.3 in the present case allegedly instigated her sons to commit the murder of first informant. In the first information, it is further averred that after assaulting the first informant, accused No.2 and his friend Suhail took him to Isha Hospital at Atturu Layout and after providing treatment to the injuries sustained by him, he was brought back and dropped near Tirumala Daba. The material on record would go to show that FIR has been registered in the present case initially for the offence punishable under Section 118(1) of BNS, 2023 and even subsequently in the remand application of the arrested accused, only the offence punishable under Section 118(1) of BNS, 2023, is invoked which would prima facie go to show that injuries suffered by the victim is minor in nature. Undisputedly, petitioners are direct brothers having no other criminal - 5 - HC-KAR NC: 2025:KHC:19155 CRL.P No. 7494 of 2025 antecedents. They are aged about 24 years and 20 years respectively. They are in custody from 14.04.2025. Major portion of the investigation in the case is completed. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.157/2025 registered by Yelahanka New Town Police Station, Bengaluru City, for the offences punishable under Sections 118(1), 126(2), 351(2), 351(3) read with Section 3(5) of the BNS, 2023, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; - 6 - HC-KAR NC: 2025:KHC:19155 CRL.P No. 7494 of 2025 c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN