- 1 - HC-KAR NC: 2025:KHC:27657 CRL.P No. 9738 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. 9738 OF 2025 BETWEEN: ABDUL NASEER K.M S/O A.P. IBRAHIM AGED ABOUT 59 YEARS R/AT SELMI MANZIL, KOTTAYAM MALABAR POST, KUTHUPARAMBA KIVAKKAL, KANNUR, KERALA - 670 643. …PETITIONER (BY SRI LETHIF B, ADV.) AND: THE STATE OF KARNATAKA VITLA POLICE STATION D.K. DISTRICT, REP. BY SPP HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL IN CR.NO.02/2025 (C.C.NO.822/2025) OF VITLA POLICE STATION, FOR THE OFFENCES P/U/S 62, 310(2), 351(2) OF BNS PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) AND JMFC, BANTWAL, D.K. DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27657 CRL.P No. 9738 of 2025 ORAL ORDER 1. Accused No.5 in Crime No.2/2025 registered by Vitla Police Station, Dakshina Kannada, for the offences punishable under Sections 62, 310(2) and 351(2) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.2/2025 was registered by Vitla Police Station, Dakshina Kannada, initially for the offences punishable under Sections 319(2) and 318(4) of IPC against unknown six persons based on the first information dated 04.01.2025 received from Mahammad Ikbal S/o Haji N. Sulaiman. During the course of investigation, petitioner herein was arrested on 19.02.2025 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has now been filed against 13 persons and petitioner is arraigned as accused No.5 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.192/2025 was rejected on 15.03.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:27657 CRL.P No. 9738 of 2025 4. Learned counsel for the petitioner submits that allegation against the petitioner and accused No.9 is similar in the charge sheet. Accused No.9 has been granted regular bail by this Court in Crl.P.No.9429/2025. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. He brings to the notice of this Court that petitioner has got another criminal case registered against him for the offence punishable under Section 307 of IPC. Accordingly, he prays to dismiss the petition. 6. FIR in the present case was registered on 04.01.2025 by Mahammad Ikbal against unknown six persons. The allegation in the first information is that the said six persons had arrived to his house in a Ertiga Car bearing Tamilnadu registration number and the inmates of the car introduced themselves as officers of Enforcement Directorate and thereafter by threatening the inmates of the house, they had robbed Rs.25 lakhs to Rs.30 lakhs and had thereafter escaped from the house. During the course of investigation, some of the accused - 4 - HC-KAR NC: 2025:KHC:27657 CRL.P No. 9738 of 2025 were arrested in the present case. Petitioner herein was arrested on 19.02.2025 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against 13 persons. 7. In the charge sheet, it is alleged that accused No.1 had conspired with accused Nos.4, 5, 8 to 10 to commit dacoity in the house of some rich person and in furtherance of such conspiracy, accused No.4 had forwarded the photos, sketch, location map etc., of the house of the first informant to accused No.9, who in turn had forwarded the same to accused No.8 and accused No.8 allegedly had forwarded the same to petitioner, who in turn had forwarded the same to accused No.1, who allegedly is the master mind in the present crime. The allegation of entering the house of the first informant and committing the crime on 03.01.2025 is as against accused Nos.2, 3, 6, 11, 12 and 13. 8. The allegation in the charge sheet against the petitioner and accused No.9, who has been granted regular bail by this Court in Crl.P.No.9429/2025 is similar. The only criminal case registered against the petitioner was in the year 2014 for the - 5 - HC-KAR NC: 2025:KHC:27657 CRL.P No. 9738 of 2025 offence punishable under Section 307 of IPC. Though it is alleged that petitioner had received a sum of Rs.5 lakhs from the other accused after the crime was committed, undisputedly, there is no recovery of any amount from the petitioner except his mobile phone. Under the circumstances, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following order:- 9. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.2/2025 registered by Vitla Police Station, Dakshina Kannada, for the offences punishable under Sections 62, 310(2) and 351(2) of BNS, 2023, 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; - 6 - HC-KAR NC: 2025:KHC:27657 CRL.P No. 9738 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 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