- 1 - HC-KAR NC: 2025:KHC:26773 CRL.P No. 9109 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9109 OF 2025 BETWEEN: ROSHAN S/O SYED AMJED AGE 28 YEARS R/AT NO.06, 2ND CROSS NEAR AMBEDKAR MEDICAL COLLEGE, SHAMPUR MAIN ROAD BANGALORE - 560 045. …PETITIONER (BY SRI TAHIR, ADV.) AND: STATE BY D.J HALLI P.S REP BY STATE PUBLIC PROSECUTOR OFFICE AT ADVOCATE GENERAL OFFICE HIGH COURT COMPLEX, OPP VIDHANA SOUDHA, BANGALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.7 ON REGULAR BAIL IN SC.NO.149/2021 ARISING OUT OF THE CRIME NO.79/2020 REGISTERED BY DJ HALLLI PS, FOR THE ALLEGED OFFENCE U/S. 143, 147, 148, 302 R/W 149 OF IPC WHICH IS NOW PENDING BEFORE THE HONBEL IV ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYOHALL, BENGALURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26773 CRL.P No. 9109 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.7 in S.C.No.149/2021 pending before the Court of IV Addl. City & Sessions Judge, Mayohall, Bengaluru, arising out of Crime No.79/2020 registered by Devarajeevanahalli Police Station, Bengaluru City, for the offences punishable under Sections 143, 147, 148, 302 read with 149 of IPC, is before this Court under Section 439 Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.79/2020 was registered by Devarajeevanahalli Police Station, Bengaluru City, for the offences punishable under Sections 302, 143, 147, 148 and 149 of IPC, against Younus and others based on the first information dated 29.02.2020 received from Imran Khan S/o Iqbal Khan, who is the brother of deceased Amjad Khan. During the course of investigation, petitioner herein was arrested on 02.03.2020. After completing investigation, charge sheet has - 3 - HC-KAR NC: 2025:KHC:26773 CRL.P No. 9109 of 2025 been filed as against 14 persons and petitioner herein is arrayed as accused no.7 in the charge sheet. Since his bail application was rejected before the jurisdictional Sessions Court, he had approached this Court earlier in Crl.P.No.7342/2023 which was dismissed on 30.08.2023. Therefore, he is before this Court in this successive bail petition. 4. Learned Counsel for the petitioner submits that petitioner having no criminal antecedents is in custody for the last more than five years. In similar circumstances, accused nos.2 & 3 have been enlarged on bail by this Court in Crl.P.No.5610/2025 disposed of on 29.04.2025. 5. Per contra, learned HCGP who has opposed the petition, however, does not dispute the submission made by the learned Counsel for the petitioner. 6. This Court in Crl.P.No.5610/2025 disposed of on 29.04.2025 has granted regular bail to accused nos.2 & 3 in the present case. In paragraph 6 of the said order, it is observed as under: - 4 - HC-KAR NC: 2025:KHC:26773 CRL.P No. 9109 of 2025 "The material on record would go to show that FIR in the present case was initially registered against four named persons and others. During the course of investigation, 14 persons were arrested and in the charge sheet, petitioners are arraigned as accused Nos.2 and 3. CW1, who is the first informant in the present case and CW 13 to CW 16 are the alleged eye witnesses in the present case. The aforesaid eye witnesses have already been examined before the Trial Court as PW6, PW 11 to PW 14 and according to learned counsel for the petitioners, all the aforesaid eye witnesses have turned hostile to the case of the prosecution. Be that as it may, the fact remains that petitioners who have no other criminal antecedents are in custody for the last more than five years. Considering the period of petitioners' incarceration, I am of the opinion that without expressing any opinion on merits and demerits of the case, the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively." 7. Undisputedly, petitioner has no criminal antecedents and he is in custody for the last more than five years in the present case. Therefore, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively - 5 - HC-KAR NC: 2025:KHC:26773 CRL.P No. 9109 of 2025 considering the period of his incarceration. Accordingly, the following order: 8. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.149/2021 pending before the Court of IV Addl. City Civil and Sessions Judge, Mayohall Unit, Bengaluru, arising out of Crime No.79/2020 registered by Devarajeevanahalli Police Station, Bengaluru City, for the offences punishable under Sections 143, 147, 148, 302 read with Section 149 of IPC, subject to the following conditions: a) 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; - 6 - HC-KAR NC: 2025:KHC:26773 CRL.P No. 9109 of 2025 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 KK