- 1 - HC-KAR NC: 2025:KHC:27199 CRL.P No. 9002 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9002 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MOHAMMED AYAN S/O MOHAMMED IRFAN AGED 22 YEARS R/AT CN EXTENSION, 2ND CROSS, KYATHSANDRA, TUMKUR 572101 (IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. VIKYATH B., ADVOCATE) AND: STATE BY DABASPETE P S REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, BENGALURU-560001 …RESPONDENT (BY SRI. RANGASWAMY.R., HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C., PRAYING TO GRANT BAIL AND RELEASE THE PETITIONER IN S.C.NO.59/2024 (CR.NO.259/2024) OF DABASPET POLICE PENDING ON THE FILE OF THE IX ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU FOR THE OFFENCE P/US/ 309(4), Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27199 CRL.P No. 9002 of 2025 309(6), 111(2) OF BNS.THE IX ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU HAS DISMISSED THE BAIL PETITION ON 17.06.2025 IN CRL.MISC.NO.989/2025 AND ETC. 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 No.1 in S.C.No.59/2024 pending before the Court of IX Additional District & Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.259/2024 registered by Dabaspet Police Station, for the offences punishable under Sections 309(4), 309(6) and 111(2) of BNS 2023, is before this Court under Section 483 of BNSS, seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent -State. - 3 - HC-KAR NC: 2025:KHC:27199 CRL.P No. 9002 of 2025 3. FIR in Crime No.259/2024 was initially registered by Dabaspet Police, Bengaluru Rural District, against unknown person based on the first information dated 29.10.2024 submitted by the victim-Kalander S/o Late Sadiq. During the course of investigation of the case, the petitioner was arrested along with two other accused on 18.11.2024 and subsequently they were remanded to judicial custody. After completing the investigation, charge sheet has been filed against three persons, wherein the petitioner has been arraigned as accused No.1. 4. The bail petition filed by the petitioner before the Trial Court in Crl.Misc.No.989/2025 was rejected on 17.06.2025. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that accused No.2 and 3 were granted regular bail by this Court in Crl. Petition No.5276/2025 vide order dated 25.04.2025. In the earlier criminal case registered against the petitioner for the offence punishable under Section 307 - 4 - HC-KAR NC: 2025:KHC:27199 CRL.P No. 9002 of 2025 of IPC., he has been granted regular bail. Accordingly, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader who has opposed the petition does not dispute the submission made by the learned Counsel for the petitioner. However, it is submitted that recovery has been made at the instance of the petitioner. 7. FIR in the present case was initially registered against unknown persons based on the first information dated 29.10.2024 received from one Kalander, who is alleged to be the victim in the present case. In the first information he has stated that on 28.10.2024 at about 10.00 p.m., when he was returning home after completing his work, he had stopped his bike to attend natures call and at that time two persons came in a bike and they allegedly demanded money from him and when he refused to pay the money, they assaulted him and allegedly robbed cash of Rs.20,000/- from his pocket, and also took his gold ring and mobile phone before escaping. - 5 - HC-KAR NC: 2025:KHC:27199 CRL.P No. 9002 of 2025 8. During the course of the investigation, accused No.1 to 3 were arrested on 18.11.2024 and subsequently remanded to judicial custody. Accused No.2 and 3 have been granted regular bail by this Court in Crl.P.No.5276/2025 vide order dated 25.04.2025. The allegation against accused No.1 and 2 is similar in the chargesheet. The submission made by the learned Counsel for the petitioner that in the earlier criminal case registered against the petitioner for the offence punishable under Section 307 of IPC., he has been enlarged on regular bail is not seriously disputed by the learned High Court Government Pleader. The alleged offences are not exclusively punishable with death or life imprisonment. The petitioner is aged about 22 years and he is in custody from 18.11.2024. Under these circumstances, I am of the opinion that the prayer of the petitioner for grant of regular bail requires to be answered affirmatively without expressing any opinion on merits / demerits of the case. - 6 - HC-KAR NC: 2025:KHC:27199 CRL.P No. 9002 of 2025 9. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner/accused No.1 is directed to be enlarged on bail in S.C.No.59/2025 pending before the IX Addl. District & Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.259/2024 registered by Dabaspet Police Station, Bengaluru Rural District, for the offences punishable under Sections 309(4), 309(6) and 111(2) of BNS, 2023, subject to the following conditions: a) 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; - 7 - HC-KAR NC: 2025:KHC:27199 CRL.P No. 9002 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; and e) The petitioner shall mark his attendance before the Station House Officer of Dabaspet Police Station, on every 3rd Sunday between 10.00 a.m., to 1.00 p.m., regularly for a period of one year from today. Sd/- (S VISHWAJITH SHETTY) JUDGE DL