- 1 - HC-KAR NC: 2025:KHC:34312 CRL.P No. 11166 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11166 OF 2025 BETWEEN: SRI. IMRAN PASHA S/O. RASHEED PASHA, AGED ABOUT 35 YEARS, R/AT NO.301, NEAR USMANIA MASJID, UDAYAGIRI, MYSORE - 570 019. …PETITIONER (BY SRI. NAUSHAD PASHA, ADVOCATE) AND: STATE OF KARNATAKA BY CITY MARKET P.S., BANGALORE - 560 002, REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY .R., HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CR.NO.95/2021 IN CC.NO.13082/2022 VIDE SC.NO.1129/2022, FOR THE OFFENCES P/U/S 395, 397 OF IPC, PENDING ON THE FILE OF LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-67). Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34312 CRL.P No. 11166 of 2025 THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard both sides and perused the material on record. 2. Petitioner is seeking to enlarge him on bail in SC.No.1129/2022 pending on the file of the learned LXVI Additional City Civil and Sessions Judge, Bengaluru City (CCH-67). 3. Aforementioned case arise out of Crime No.95/2021 of City Market Police Station, Bengaluru City, initially registered for an offence punishable under Section 394 of IPC, against 4 unknown persons. In the course of investigation, accused were arrested. Charge sheet is filed against accused Nos.1 to 5 for the offence punishable under Sections 395 and 397 of IPC. Petitioner is arraigned as accused No.1 in the charge sheet. 4. Material on record reveal that, petitioner was initially granted bail on 29.09.2022. Since he could not - 3 - HC-KAR NC: 2025:KHC:34312 CRL.P No. 11166 of 2025 offer surety, he was released on cash surety on 29.12.2022. Thereafter, he remained absconding, hence NBW came to be issued against him. He was secured on 23.06.2025 and since then he is in judicial custody. 5. The learned Sessions Judge has rejected the bail application of the petitioner on the ground that he has absconded from the date of his release, he has not produced any documents to show that he is the permanent resident of Mysuru and he has a permanent place of abode. Further, petitioner is also involved in Crime No.225/2021 of City Market Police Station and Crime No.242/2024 of High Grounds Police Station. 6. Learned HCGP has contended that, if the petitioner is released on bail he will once again abscond and in that case it will be difficult to secure his presence before the Trial Court. He contended that, petitioner is a habitual offender and therefore, there are chances of committing similar offences. - 4 - HC-KAR NC: 2025:KHC:34312 CRL.P No. 11166 of 2025 7. The complaint lodged by one Lakshmikanth Ghorai reveal that on the night intervening 11.05.2021- 12.05.2021, at about 3:30 a.m., 4 unknown persons wearing mask committed robbery in the shop, assaulted him and one Ashok and took away 1 kg silver, a silver chain weighing 80 grams and a mobile phone. It is submitted by the learned HCGP that, robbed articles and the weapons were jointly recovered from accused Nos.1 to 3. 8. It is not in dispute that, petitioner was initially granted bail on 29.09.2022. As he was unable to furnish surety, he was released on cash surety on 29.12.2022. Since he remained absent, he was secured under warrant on 23.06.2025 and since then he is in judicial custody. 9. Learned counsel for petitioner submitted that, the petitioner is a permanent resident of Udayagiri, Mysuru. He will furnish sufficient surety to ensure his presence before the Trial Court regularly on every date of hearing and he will undertake to abide by any conditions which the - 5 - HC-KAR NC: 2025:KHC:34312 CRL.P No. 11166 of 2025 Court deems fit to impose. It is also submitted that accused No.3, who is similarly placed as petitioner has been enlarged on bail. He submits that petitioner is innocent and he has been falsely implicated in this case as well as in other cases. 10. Considering the above submission and undertaking, an opportunity can be given to the petitioner to participate in the trial, making it clear that no further indulgence will be shown to him, if he failed to appear before the Trial Court. Hence, the following: ORDER Petition is allowed. Petitioner / accused No.1 in S.C.No.1129/2022 pending before the learned LXVI Additional City Civil and Sessions Judge, Bengaluru City (CCH-67) (Crime No.95/2021 of City Market Police Station, Bengaluru City) shall be released on bail subject to following conditions: - 6 - HC-KAR NC: 2025:KHC:34312 CRL.P No. 11166 of 2025 a) Petitioner shall execute a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties for likesum to the satisfaction of the jurisdictional Court; b) He shall not indulge himself in committing any offence. c) He shall not leave the jurisdiction of trial Court without prior permission of the learned Sessions Judge. d) He shall not tamper with the prosecution witnesses either directly or indirectly. e) He shall appear before the trial Court on all dates of hearing without fail. If any of the conditions are violated, the prosecution is at liberty to seek cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE MKM CT:VS List No.: 1 Sl No.: 33