- 1 - NC: 2025:KHC:7041 CRL.P No. 12052 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 12052 OF 2024 BETWEEN: ISHAQ KHAN, S/O YAKUB KHAN, AGED ABOUT 24 YEARS, R/AT NO. 314, 5TH CROSS, NEAR GULSHANI BHAGDADI, MASJID, GOVINDAPURA, BANGALORE - 560 045. …PETITIONER (BY SRI. ABDUL RASHEED, ADVOCATE) AND: STATE BY KARNATAKA BY GOVINDAPURA POLICE STATION, BANGALORE - 560 045. REP. BY SPP, HIGH COURT BUILDING, BENGALURU - 01. …RESPONDENT (BY SMT. K.P. YASHODHA, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNNS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.21/2021 IN S.C.NO.853/2024 FOR THE OFFENCE P/U/S 120-B, 143, 147, 148, 341, 302, 149 OF IPC REGISTERED BY THE RESPONDENT POLICE PENDING FOR DISPOSAL BEFORE THE HONBLE CITY CIVIL AND SESSIONS JUDGE (CCH-20) MAYO HALL UNIT, BENGALURU. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:7041 CRL.P No. 12052 of 2024 ORAL ORDER The petitioner being accused No.5 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.21/2021 of Govindapura Police Station, pending in SC.No.853/2024 on the file of the learned XXVI Additional City Civil and Sessions Judge (CCH-20) Bengaluru, registered for the offences punishable under Section 302 of Indian Penal Code (for short 'IPC') and Sections 3 and 5 of Arms Act, 1959, on the basis of the first information lodged by the informant Smt.Sabeeha Alena. 2. Heard Sri. Abdul Rasheed, learned counsel for the petitioner and Smt.K.P.Yashodha, learned High Court Government Pleader for the respondent -State. Perused the materials on record. 3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?” - 3 - NC: 2025:KHC:7041 CRL.P No. 12052 of 2024 My answer to the above point is in ‘Affirmative’ for the following: R E A S O N S 4. The petitioner being accused No.5 is seeking grant of bail. He was apprehended on 07.04.2024 and since then he is in judicial custody. 5. Material on record discloses that serious allegations are made against the present petitioner for having committed the offences. During investigation, the petitioner was absconding and split-up charge sheet came to be filed. It is the contention of the prosecution that the petitioner along with accused Nos.1 to 4, 6 and 7 conspired together to eliminate the deceased. Accordingly, accused Nos.1 to 6 have kidnapped him and caused his death. It is stated that as many as 22 injuries were found on the dead body. However there were no eyewitness to the incident. The prosecution placed reliance on the circumstantial evidence. 6. It is brought to the notice of this court that trial against accused No.1 to 4, 7 and 8 concluded in S.C.No.408/2022 and the accused came to be acquitted since - 4 - NC: 2025:KHC:7041 CRL.P No. 12052 of 2024 the witnesses have turned hostile. The copy of the judgment dated 04.09.2024 is produced for perusal of the Court. 7. Even though it is stated that the petitioner is having criminal antecedents, the trial in the said case is in progress and the petitioner is on bail. Considering all these facts and circumstances of the case, I am of the opinion that no useful purpose would be served by detaining the petitioner in custody. Hence, I am of the opinion that the petitioner is entitled to be enlarged on bail subject to conditions, which will take care of the apprehension of the prosecution. 8. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER The petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No.21/2021 of Govindapura Police Station, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions: a). The petitioner shall not commit similar offences. - 5 - NC: 2025:KHC:7041 CRL.P No. 12052 of 2024 b). The petitioner shall not threaten or tamper with the prosecution witnesses. c). The petitioner shall appear before the Court as and when required. If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail. On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail. Sd/- (M G UMA) JUDGE MKM List No.: 3 Sl No.: 13