Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:25334 CRL.P No. 9009 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9009 OF 2025 BETWEEN:
SYED WASEEM S/O SYED AMEER JAAN AGED ABOUT 34 YEARS R/AT. DOOR NO.319 SWAGATH MAIN ROAD THILAK NAGAR, JAYANAGAR 31ST CROSS, 4TH BLOCK BENGALURU - 560 041. …PETITIONER (BY SRI K ELANGOVAN, ADV.) AND:
THE STATE OF KARNATAKA BAGEPALLI POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001.
…RESPONDENT (BY SRI RANGASWAMY R, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/A-3 ON BAIL IN CRIME NO.459/2024 AND SC NO.34/2025 OF BAGEPALLI POLICE, FOR THE ALLEGED OFFENCES P/U/S 111, 61(2), 140(2) AND 311 OF BNS 2023, WHICH IS PENDING BEFORE THE HONBLE III ADDL.DISTRICT AND SESSIONS JUDGE AT CHIKKABALLAPURA.
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
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HC-KAR NC: 2025:KHC:25334 CRL.P No. 9009 of 2025
ORAL ORDER
1. Accused no.3 in Crime No.459/2024 registered by Bagepalli Police Station, Chikkaballapura District, for the offenses punishable under Sections 140(2), 311 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.459/2024 was registered by Bagepalli Police Station, Chikkaballapura District, for the aforesaid offences against Bombay Saleem and four other persons based on the first information dated 20.12.2024 received from Ashwathnarayanaswamy S/o Narasimhappa. During the course of investigation, the petitioner herein was arrested on 29.12.2024 and subsequently remanded to judicial custody. The bail application filed by the petitioner before the Jurisdictional Sessions Court in S.C.No.34/2025 was rejected on 09.05.2025. Therefore, the petitioner is before this Court.
4.
Learned Counsel for the petitioner submits that similarly situated other accused persons have already been enlarged on bail in the present case by this Court. The petitioner has no
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HC-KAR NC: 2025:KHC:25334 CRL.P No. 9009 of 2025
criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioner. 6. Perusal of the material on record would go to show that first information was submitted on 20.12.2024 by the victim alleging that on the said day, while he was travelling in his car bearing registration No.KA-11/M-6764 carrying a sum of Rs.16,00,000/-, some persons who came in a INNOVA car bearing Reg.No.KA-04-MD-1217 had intercepted the car. From the said car, the accused-Bombay Saleem and four other persons had got down and after threatening the first informant with a knife, they had snatched the bag in which he was carrying a sum of Rs.16,00,000/- and thereafter escaped from the spot. The FIR was initially filed against the accused-Bombay Saleem and other unknown persons. During the course of the investigation, the petitioner was arrested on 29.12.2024. After completing the investigation, charge sheet has been filed against 11 persons. - 4 -
HC-KAR NC: 2025:KHC:25334 CRL.P No. 9009 of 2025
7. Material on record would go to show that petitioner was arrested in the present case on 29.12.2024. Accused No. 8 was arrested in the present case and from his possession a sum of Rs.50,000/- was recovered and he has been granted regular bail by the Jurisdictional Sessions Court in Crl.Misc.No.74/2025. From accused Nos.6 and 7, who have been granted regular bail by this Court in Crl.P.No.3517/2025 and Crl.P.No.2148/2025, there was recovery of cash. The allegation against the petitioner is that he was driving the Innova car which was used for the purpose of committing the crime. Investigation of the present case is already completed and charge sheet has been filed. Considering the aforesaid aspects of the matter, I am of the view that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:
8. The petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No.459/2024 registered by Bagepalli Police Station, Chikkaballapura District, for the offenses punishable under Sections 140(2) and 311 of the BNS, 2023, under Section 483 of BNSS, 2023, subject to the following conditions:
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HC-KAR NC: 2025:KHC:25334 CRL.P No. 9009 of 2025
a) The petitioner shall execute a 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; 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
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