- 1 - HC-KAR NC: 2025:KHC:26243 CRL.P No. 12434 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12434 OF 2024 BETWEEN: KHALID KHAN @ KHALID S/O SAMIULLA, AGED ABOUT 27 YEARS, R/AT NO.47/1, FLOOR, OPP: BLOSSOM SCHOOL, PADARAYANAPURA, BENGALURU-560026 …PETITIONER (BY SRI. DASTAGIR J.A., ADVOCATE) AND: THE STATE OF KARNATAKA BY J.J. NAGAR POLICE STATION BENGALURU REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BENGALURU - 560001 …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.7/2020 (NOW IN SC.NO.1821/2023), FOR THE ALLEGED OFFENCE P/U/S 143, 147, 149, 120(B), 302 R/W 149 OF IPC, J.J.NAGAR P.S., PENDING ON THE FILE OF LXI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU. 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:26243 CRL.P No. 12434 of 2024 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.8 in SC No.1508/2024 pending before the Court of LXI Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.7/2020 registered by Jagajeevanram Nagar Police Station, Bengaluru City, for the offences punishable under Sections 143, 147, 109, 120(B), 302 and 149 of IPC, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Learned counsel for the petitioner submits that on the merits of the case, petitioner was earlier granted anticipatory bail by this Court in Crl.P.No.3958/2020. After the case was committed, accused were being tried in SC No.1821/2023. Since the petitioner had not appeared before the Trial Court, split-up case has been registered against him in SC No.1508/2024 and in the said case, he has now been arrested on 15.09.2024 and ever since then, he is in judicial custody. Accordingly, he prays to allow the petition. - 3 - HC-KAR NC: 2025:KHC:26243 CRL.P No. 12434 of 2024 3. Learned HCGP has opposed the petition. He submits that petitioner is a person with criminal antecedents and accordingly, he prays to dismiss the petition. 4. Perusal of the material on record would go to show that in the present case petitioner was earlier granted anticipatory bail by the Co-ordinate Bench of this Court in Crl.P.No.3958/2020 disposed of on 18.09.2020 considering the fact that only allegation against the petitioner is that he had instigated other accused persons to commit the offences. It appears that after the case was committed to the jurisdictional Sessions Court, petitioner had not appeared before the Trial Court in SC No.1821/2023 and therefore, split-up case was registered against him in SC No.1508/2024 and in the said case, his presence was secured and he is now in custody from 15.09.2024. Be that as it may, the fact remains that petitioner was earlier granted anticipatory bail on merits of the case and only for the reason that he had not appeared before the Trial Court on regular dates of hearing, his presence was secured and he is in custody from 15.09.2024. For the mistake committed by the petitioner by not appearing before the Trial - 4 - HC-KAR NC: 2025:KHC:26243 CRL.P No. 12434 of 2024 Court on the regular dates of hearing, he has been substantially punished. Under the circumstances, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.1508/2024 pending before the Court of LXI Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.7/2020 registered by Jagajeevanram Nagar Police Station, Bengaluru City, for the offences punishable under Sections 143, 147, 109, 120(B), 302 and 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; - 5 - HC-KAR NC: 2025:KHC:26243 CRL.P No. 12434 of 2024 d) The petitioner shall not involve in similar offences in future; 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 DN List No.: 1 Sl No.: 26