- 1 - NC: 2025:KHC:3529 CRL.P NO.14272 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS. JUSTICE M.G. UMA CRIMINAL PETITION NO.14272 OF 2024 BETWEEN: HUSAIN BHASHA S/O KHASIMSAB AGED ABOUT 19 YEARS, R/AT ROYAL RAGHU BUILDING, AMBI CIRCLE, 2ND CROSS, RAJAGOPALANAGARA, LAGGERE, BENGALURU CITY. PERMANENT RESIDENCE AT: GUNJALLI CAMP, SINDHANURU TALUK, RAICHURU DISTRICT - 574 128. …PETITIONER (BY SRI. MAHAMMADALI, ADVOCATE) AND: STATE OF KARNATAKA BY CHITRADRUGA RURAL POLICE STATION, CHITRADURGA SUB-DIVISION, CHITRADURGA, REP. BY S.P.P., HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU - 560 041. …RESPONDENT (BY SMT. K.P. YASHODHA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE (UNDER SECTION 483 BHARATIYA NAGARIK SURAKSHA SANHITHA, 2023), PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.109/2024 Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:3529 CRL.P NO.14272 OF 2024 PENDING ON THE FILE OF THE 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120B, 395 AND 397 OF INDIAN PENAL CODE PURSUANT TO REGISTERING OF F.I.R. IN CRIME NO.474/2023 BY THE CHITRADURGA RURAL POLICE STATION. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M.G. UMA ORAL ORDER The petitioner-accused No.7 is before this Court seeking grant of bail under Section 439 of the Code of Criminal Procedure in Crime No.474/2023 registered by the Chitradurga Rural Police Station, pending in S.C. No.109/2024 on the file of learned 1st Additional District and Sessions Judge, Chitradurga for the offences punishable under Section 120B, 395 and 397 of the Indian Penal Code (for short, 'IPC'), on the basis of the first information lodged by the informant - Mahammed Irfanulla. 2. Heard Sri. Mahammadali, learned counsel for the petitioner and Smt. K.P. Yashodha, learned High Court - 3 - NC: 2025:KHC:3529 CRL.P NO.14272 OF 2024 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 Criminal Procedure Code?” 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.7 is seeking grant of bail. He was apprehended on 13.12.2023 and since then, he is in judicial custody. 5. Initially, F.I.R. came to be registered against five unknown persons under Section 397 of the IPC. After investigation, the charge sheet came to be filed for the offences punishable under Sections 120B, 395 and 397 of the IPC. The specific allegation made by the Investigating - 4 - NC: 2025:KHC:3529 CRL.P NO.14272 OF 2024 Officer is against accused Nos.1 to 6. When the motorcycle was ridden by CW1 and CW51 being a pillion rider, along with cash bags containing cash of Rs.1,50,00,000/-, the accused Nos.1 and 2 armed with the knives, threatened them and snatched the bags. As per the charge sheet material, Rs.2,00,000/- was recovered at the instance of the petitioner-accused No.7 and hence, there are prima facie materials against the petitioner. However, it is not the contention of the prosecution that the petitioner is having any criminal antecedents. It is also stated that the accused Nos.3, 4, 5, 6, 8, 9 and 13 are already enlarged on bail. 6. Considering all these facts and circumstances, I am of the opinion that the petitioner may be enlarged on bail, as the conclusion of the trial may take sufficiently longer period of time. If the petitioner is detained in custody during this period, his right to life and liberty will be infringed. Hence, I am of the opinion that the petitioner is entitled to be enlarged on bail subject to - 5 - NC: 2025:KHC:3529 CRL.P NO.14272 OF 2024 conditions, which will take care of the interest of the prosecution. 7. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER The petition is allowed. The petitioner-accused No.7 is ordered to be enlarged on bail in Crime No. 474/2023 of Chitradurga Rural Police Station which is now pending in S.C. No.109/2024 on the file of the 1st Additional District and Sessions Judge, Chitradurga 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. b). The petitioner shall not threaten or tamper with the prosecution witnesses. c). The petitioner shall appear before the Court as and when required. - 6 - NC: 2025:KHC:3529 CRL.P NO.14272 OF 2024 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 ARK List No.: 3 Sl No.: 8