- 1 - NC: 2025:KHC:8369 CRL.P No. 10377 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 10377 OF 2024 BETWEEN: SYED AZHARUDDIN, S/O SYED SIRAJUDDIN, AGED ABOUT 40 YEARS, R/AT NO. 185/1, 9TH MAIN, 1ST STAGE, 2ND BLOCK, HBR LAYOUT, BENGALURU CITY, KARNATAKA-560 043. …PETITIONER (BY SRI A.S. ANIL KUMAR, ADVOCATE FOR SRI. PARAMESHWARAPPA C, ADVOCATE) AND: STATE OF KARNATAKA BY KALASIPALYA POLICE STATION, BENGALURU CITY- 560 002. REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT BENGALURU-560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HIGH COURT GOVERNMENT PLEADER) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (FILED U/S 483 BNNS) TO ALLOW THE PETITION BY ENLARGING THE PETITIONER ON BAIL IN CR.NO.214/2019 OF KALASIPALYA P.S. FOR THE OFFENCE P/U/S 120B, 341, 326, 307, 149 OF IPC PENDING NOW ON THE FILE OF V A.C.M.M AT BENGALURU IN C.C.NO.15316/2022. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8369 CRL.P No. 10377 of 2024 CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL ORDER This petition is filed by the petitioner-accused No.7 under Section 439 of Cr.P.C. (483 of BNSS) for grant of regular bail in Crime No.214/2019 registered by Kalasipalya Police Station, Bengaluru and charge-sheeted for the offences punishable under Sections 120B, 341, 326 and 307 read with Section 149 of IPC. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. 3. The case of the prosecution is that the respondent police filed charge-sheet against the petitioner and other six persons alleging that they attempted to commit murder. During the course of investigation, the police also invoked the provisions of the Unlawful Activities (Prevention) Act, 1967. The accused Nos.1 to 6 said to be arrested and they said to be released on bail, while this petitioner was absconding and he was apprehended by the police on 21.02.2024. His bail petition came to be rejected. Hence, the petitioner is before this Court. - 3 - NC: 2025:KHC:8369 CRL.P No. 10377 of 2024 4. The learned counsel for the petitioner submits that all the accused persons have been granted bail by this Court. The case against this petitioner was split up and NBW was issued. Though the petitioner approached this Court for grant of anticipator bail, the said petition was rejected. This petitioner was arrested on 21.02.2024 and presently, he is in custody for more than one year. 5. Per contra, learned High Court Government Pleader though objected the petition but did not deny the granting of bail to co-accused by this Court. 6. Having heard the arguments addressed by the learned counsel for the parties and on perusal of the documents, it is evident that the allegation against the petitioner is said to be a conspiracy to commit an offence along with co-accused persons. It is evident that co-accused persons were granted bail by this Court in various criminal petitions. Considering that the accused Nos.1 to 4 have been granted bail by a Coordinate Bench of this Court in Crl.P.No.2275/2020 on 20.07.2020, accused No.5 has been granted bail in Crl.P.No.1161/2020 and accused No.6 has been granted bail in Crl.P.No.1384/2020 on 24.04.2020, this petitioner is also - 4 - NC: 2025:KHC:8369 CRL.P No. 10377 of 2024 entitled to bail on the ground of parity. Therefore, by imposing certain stringent conditions, if the petitioner is released on bail, no prejudice would be caused to the case of the prosecution. Hence, the following: ORDER The petition is allowed. The Trial Court is directed to release the petitioner- accused No.7 on bail, in S.C.No.1261/2024, which is now pending on the file of the City Civil and Sessions Court, Bengaluru, CCH - 50 (arising out of Crime No.214/2019 registered by Kalasipalya Police Station) for the aforesaid offences, subject to the following conditions: - (i) Petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Trial Court; (ii) Petitioner shall not indulge in similar offences strictly; (iii) Petitioner shall not tamper with the prosecution witnesses directly/indirectly; - 5 - NC: 2025:KHC:8369 CRL.P No. 10377 of 2024 (iv) Petitioner shall not leave the jurisdiction without prior permission of the Trial Court; (v) Petitioner shall mark his attendance before the Investigating Officer once in a month i.e., on every 2nd day of the Calendar month between 10:00 a.m. and 4:00 p.m. until disposal of the case. (vi) The Trial Judge is granted liberty to connect the original case in S.C.No.1171/2022 pending as against accused Nos.1 to 6 with S.C.No.1261/2024 and dispose of the same. If any of the bail conditions is violated, the prosecution is at liberty to file an application for cancellation of bail. Sd/- (K.NATARAJAN) JUDGE PMR List No.: 3 Sl No.: 1