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2025 DAILYLAW 34177 (KAR)

SYED TABREZ @ TABREZ @ TABBU v. THE STATE OF KARNATAKA

CRL.P/10863/2024 · 2025-03-06

S Vishwajith Shetty

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:9492 CRL.P No. 10863 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10863 OF 2024 BETWEEN: SYED TABREZ @ TABREZ @ TABBU, S/O LATE SYED NAZIR, AGED ABOUT 31 YEARS, R/AT 3RD COLONY, MUSLIM COLONY, SHAMPURA MAIN ROAD, K G HALLI, BENGALURU - 560068. …PETITIONER (BY SRI A N PATEL, ADVOCATE) AND: THE STATE OF KARNATAKA, BY PULIKESHINAGAR POLICE STATION, BENGALURU, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560001. …RESPONDENT (BY SMT N ANITHA GIRISH, HCGP) THIS CRL.P IS FILED IS U/S.439 (FILED U/S.483 BNNS) CR.P.C PRAYINGTO ENLARGE HIM ON BAIL IN CR.NO.168/2017 (NOW IN SPILT UP S.C.NO.816/2020) OF PULIKESHINAGAR POLICE FOR THE ALLEGED OFFENCE P/U/S 120-B,302,504 R/W SEC.34 OF IPC ON THE FILE OF LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-64) BENGALURU AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:9492 CRL.P No. 10863 of 2024 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER The petitioner/accused No.2 in S.C.No.816/2020 pending before the Court of LXIII Additional City Civil and Session Judge, Bengaluru city, arising out of Crime No.168/2017 registered by Pulikeshinagar Police Station, Bengaluru city for the offence punishable under Sections 302, 504 and 120B read with Section 34 of Indian Penal Code (for short 'IPC') is before this Court seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent-State. 3. The learned counsel for the petitioner submits on the merits of the case the petitioner was earlier granted regular bail by the jurisdictional Sessions Court in Criminal Misc.No.25474/2020 disposed of on 18.08.2020. Subsequently, the petitioner had not appeared before the Trial Court regularly on the dates of hearing and therefore Non-Bailable Warrant was issued against him. His presence was secured and was produced before the Trial Court on 12.01.2024 and on the said date he was remanded to judicial custody. - 3 - NC: 2025:KHC:9492 CRL.P No. 10863 of 2024 4. The application filed by the petitioner before the Trial Court in Crl.Misc.No.4653/2024 was rejected on 30.05.2024. Learned counsel submits that the petitioner has no other criminal antecedents and he is willing to co-operate before the Trial Court and prays for grant of regular bail. 5. Per contra, learned High Court Government Pleader has opposed the bail petition. She submits that in the event petitioner is enlarged on bail, he is likely to flee away from justice. Accordingly, she prays to dismiss this petition. 6. Perusal of the material on record would go to show that the petitioner was earlier granted regular bail by the jurisdictional Session Court in Crl.Misc.No.25474/2020 disposed of on 18.08.2020. It appears that thereafter the petitioner was irregular in appearing before the Trial Court on the dates of hearing and therefore Non-Bailable Warrant was issued against him and on 12.01.2024, he was arrested and on the said date, he was remanded to judicial custody. 7. The petitioner has been sufficiently punished for having violated the bail conditions and for not appearing before the Trial Court regularly and for the mistake committed by him, - 4 - NC: 2025:KHC:9492 CRL.P No. 10863 of 2024 he has been in custody for more than one year. The petitioner has undertaken to co-operate before the Trial Court for the purpose of disposal of the case. Learned counsel for the petitioner submits that the petitioner has no other criminal antecedents. 8. Under these circumstances, this Court is of the view that the petitioner has made out a case for grant of regular bail. 9. Accordingly, I pass the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner/accused No.2 is directed to be released on bail in S.C.No.816/2020 pending before the Court of LXIII Additional City Civil and Session Judge, Bengaluru city, arising out of Crime No.168/2017 registered by Pulikeshinagar Police Station, Bengaluru city for the offence punishable under Sections 302, 504 and 120B read with Section 34 of IPC, subject to the following conditions:- a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 5 - NC: 2025:KHC:9492 CRL.P No. 10863 of 2024 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 his is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE GVP List No.: 1 Sl No.: 39