- 1 - HC-KAR NC: 2025:KHC:27706 CRL.P No. 9459 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9459 OF 2025 BETWEEN: FAYAZULLA @ FAYAZ S/O MOHAMMED SHAFFIULLA AGED ABOUT 36 YEARS R/AT NO.734, 2ND CROSS R.K. HEGDE NAGAR DR. SHIVARAM KARANTH NAGAR, BANGALORE - 560 032. &PETITIONER (BY SRI SRINIVASA M.G, ADV.) AND: STATE OF KARNATAKA BY SAMPIGEHALLI P.S BENGALURU - 560 072 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALUR - 560 001. &RESPONDENT (BY SRI RANGASWRAMY R, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.075/20217 AND SPLIT UP SC NO.406/2021 (ORIGINAL SC NO.531/2018) FOR ALLEGED OFFENCES U/S 302, 307, 120(B) R/W 34 OF IPC, REGISTERED BY RESPONDENT/SAMPIGEHALLI PS,BANGALORE, NOW PENDING ON THE FILE OF HONBLE LVI ADDL.CITY CIVIL AND SESSIONS JUDGE (CCH-57) COURT, BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27706 CRL.P No. 9459 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.4 in Crime No.75/2017 registered by Sampigehalli Police Station, Bengaluru City, for the offences punishable under Sections 302, 307, 120B R/w 34 of IPC is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. Learned counsel for the petitioner submits that on the merits of the case the petitioner was granted regular bail by the jurisdictional Court in Crl.Misc.No.6504/2017. For the reason that he had not appeared before the Trial Court on the regular dates of hearing his presence was secured and he is now in custody from 10.04.2024 onwards. All material charge sheet witnesses have been examined before the Trial Court. The petitioner is ready and willing to cooperate before the Trial Court for speedy disposal of the case. Accordingly, he prays to allow the petition. - 3 - HC-KAR NC: 2025:KHC:27706 CRL.P No. 9459 of 2025 4. Per contra, learned HCGP who has opposed the petition submits that the petitioner has jumped bail for second time and in the event he is enlarged on bail he is likely to flee away from justice and trial in the case is likely to be further delayed. Accordingly, he prays to dismiss the petition. 5. Perusal of the material on record would go to show that, on the merits of the case the petitioner was granted regular bail by the jurisdictional Sessions Court in Crl.Misc.No.6504/2017 disposed of on 19.08.2017. After the case was committed to the jurisdictional Sessions Court the same was numbered as S.C.No.531/2018 and since the petitioner had not appeared before the Trial Court on the regular dates of hearing a split up case was registered against him in S.C.No.406/2021 and in the said case his presence was secured and he was enlarged on bail by the Trial Court on 28.04.2021. It appears that subsequently once again the petitioner had not appered before the Trial Court on the regular dates of hearing and - 4 - HC-KAR NC: 2025:KHC:27706 CRL.P No. 9459 of 2025 therefore coercive steps were taken and ultimately his presence was secured before the Trial Court on 10.04.2024 and on the said date he was remanded to judicial custody. 6. The material placed on record by the learned counsel for the petitioner would go to show that, the prosecution has examined 19 charge sheet witnesses in the present case as PW1 to PW.19. It appears that all the material charge sheet witnesses are already examined and therefore there cannot be any apprehension that the petitioner may tamper with the material prosecution witnesses. On the merits of the case the petitioner was granted regular bail in the present case and for the reason that he had not appeared before the Trial Court he is now remanded to judicial custody For the mistake committed by the petitioner he has been substantially punished. He is in custody for the last more than one year. Apprehension of the learned HCGP can be taken care of by imposing appropriate conditions. Under these circumstances, I am - 5 - HC-KAR NC: 2025:KHC:27706 CRL.P No. 9459 of 2025 of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 7. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.75/2017 registered by Sampigehalli Police Station, Bengaluru City, for the offences punishable under Sections 302, 307, 120B R/w 34 of IPC, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) 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; - 6 - HC-KAR NC: 2025:KHC:27706 CRL.P No. 9459 of 2025 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; e) The petitioner is directed to appear before the SHO of Sampigehally Police Station, Bengaluru City and mark his attendance on every second Sunday of the month between 10.00 a.m, and 1.00 p.m, till the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS