- 1 - HC-KAR NC: 2025:KHC:34311 CRL.P No. 9938 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9938 OF 2025 BETWEEN: MR. PARTHIBAN @ PARTHI @ ASHRAF, SON OF ARUL RAJ, AGED ABOUT 36 YEARS, RESIDING AT NO.78, AISHWARYA NILAYA, 5TH ROAD, BK RESIDENCY LAYOUT, DODDAKAMMANAHALLI, BEGUR HOBLI, BENGALURU- 560 083. NATIVE ADDRESS NO.4/172, CRESCENT STOP QUARTERS, VANDALURU, CHENNAI, TAMILNADU STATE - 600 048 …PETITIONER (BY SRI. RAJANNA B C., ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH JIGANI POLICE STATION, BENGALURU - 560 105 REPTD. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560 001 …RESPONDENT (BY SMT. ASMA KOUSER, ADDL SPP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34311 CRL.P No. 9938 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CR.NO.14/2022, IN SC.NO.5/2023 OF JIGANI POLICE STATION, BENGALURU FOR THE ALLEGED OFFENCES P/U/S 120B, 364A, 506, 376 R/W 34 OF IPC WHICH IS PENDING ON THE FILE OF THE HONBLE VI ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is accused No.1 in S.C.No.5/2023 pending before the VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru. 2. Petitioner along with three other accused are facing trial for offences punishable under Section 120-B, 364-A, 506, 376 read with Section 34 of IPC. 3. Learned counsel for petitioner contended that material witnesses including the victim have turned hostile and therefore, further detention of the petitioner is not required, as it amounts to pre trial conviction and therefore, submits that petitioner may be enlarged on bail by imposing any conditions. - 3 - HC-KAR NC: 2025:KHC:34311 CRL.P No. 9938 of 2025 4. Learned Additional SPP contended that the Trial is at the fag end and the case is posted before the Trial Court on 06.09.2025 for recording the statement of accused under Section 351 of the BNSS, 2023. 5. The evidence adduced before the Trial Court by the victim and other material witnesses cannot be gone into at this stage, as it amounts to appreciation of the evidence, which is the duty of the trial Court. Since it is submitted that the trial is at the fag end and the case is posted for recording of the statements of accused, it is not a fit case to enlarge the petitioner on bail. 6. The Trial Court is directed to conclude the trial as expeditiously as possible. 7. With the above observation, petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 32