- 1 - HC-KAR NC: 2025:KHC:25749 CRL.P No. 8796 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8796 OF 2025 BETWEEN: 1. ARBAZ KHAN S/O. ASLAM KHAN, AGED ABOUT 26 YEARS, R/AT.NO.45, CHIKKANNA BLOCK, 2ND CROSS, DJ HALLI, BENGLALURU - 560045. …PETITIONER (BY SRI. SIRAJUDDIN AHMED.,ADVOCATE) AND: 1. STATE BY D J HALLI P S BANGALORE. STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT BANGALORE - 560001. …RESPONDENT (BY SRI. RANGASWAMY.R., HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C TO ENLARGE THE PETITIONER ACCUSED ON BAIL IN S.C.NO.1218/2024 ARISING OUT OF CR.NO.218/2024 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25749 CRL.P No. 8796 of 2025 OFFENCE P/U/S 506, 34, 504, 307 OF IPC OF DEVARAJEEVANHALLI POLICE, PENDING BEFORE THE IN THE COURT OF XIII ACC AND SJ (CCH-22) MAYO HALL UNIT, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.218/2024 registered by Devarajeevanahalli Police Station, Bengaluru District, for offences punishable under Sections 307, 504, 506 read with Section 34 of IPC is before this Court in this successive bail application filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.218/2024 was registered by Deverajeevanahalli Police Station, Bengaluru City, for the aforesaid offences against the petitioner and another based on the first information dated 29.05.2024 received by the injured victim Syed Rizwan Pasha. - 3 - HC-KAR NC: 2025:KHC:25749 CRL.P No. 8796 of 2025 4. During the course of investigation of the case, petitioner herein was arrested on 29.05.2024 and subsequently remanded to judicial custody. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected on 17.08.2024 and therefore, he had earlier approached this Court in Crl.P.No.12294/2024 which was rejected by the co- ordinate Bench of this Court on 06.01.2025 with liberty to the petitioner to renew the bail application after four months. Therefore, he is before this Court in this successive bail application. 5. Learned Counsel for the petitioner submits that in the present case, injuries suffered by the victim are simple in nature and the petitioner is in custody for 13 months. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP opposes the petition stating that the petitioner is a person with criminal antecedents and therefore the bail application was dismissed by the Co-ordinate Bench of this Court earlier. - 4 - HC-KAR NC: 2025:KHC:25749 CRL.P No. 8796 of 2025 7. The Co-ordinate Bench of this Court taking into consideration that the petitioner is a person with criminal antecedents and there are as many as 10 criminal cases registered against him, had dismissed the bail application of the petitioner earlier in Crl.P.NO.12294/2024 by order dated 06.01.2025 reserving liberty to the petitioner to renew the bail application after four months. The petitioner is arrested in the present case on 29.05.2024 and it is not in dispute that the victim has suffered only simple injuries. It is also not in dispute that in the earlier criminal cases registered against the petitioner, he has been enlarged on bail. 8. This Court while rejecting Crl.P.No.12294/2024 had reserved liberty to the petitioner to renew the bail application after four months. The case before the trial Court is still at the stage of hearing before charge. It is trite that accused cannot be detained in custody as a punitive/preventive measure. Since the petitioner is a person with criminal antecedent, appropriate conditions - 5 - HC-KAR NC: 2025:KHC:25749 CRL.P No. 8796 of 2025 needs to be imposed on the petitioner. Accordingly, the following : ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.218/2024 registered by Devarajeevanahalli Police Station, Bengaluru District, for offences punishable under Sections 307, 504, 506 read with Section 34 of IPC, subject to the following conditions: a) The petitioner is directed to appear before the Station House Officer of Devarajeevanahalli Police Station, Bengaluru on every alternative Sunday between 10:00 a.m. to 1:00 p.m. and mark his attendance regularly for a period of one year; b) The petitioner shall execute 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; - 6 - HC-KAR NC: 2025:KHC:25749 CRL.P No. 8796 of 2025 c) 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; d) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; e) The petitioner shall not involve in similar offences in future; f) 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 RKA List No.: 1 Sl No.: 73