- 1 - HC-KAR NC: 2025:KHC:28062 CRL.P No. 9307 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9307 OF 2025 BETWEEN: MR. SYED SIBGHATHULLA S/O SYED MAHAMOOD AGED ABOUT 37 YEARS R/AT NO.22, ALI MASJID THANISANDRA, BENGALURU - 560 045. …PETITIONER (BY SRI MANJUNATH M.R, ADV.) AND: THE STATE OF KARNATAKA BY JAYANAGAR P.S, BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL, IN CRIME NO.307/2016 REGISTERED BY JAYANAGAR P.S, BENGALURU, FOR THE OFFENCE PUNISHABLE UNDER SECTION 302, 307, 120(B), 114, 143, 144, 147 AND 148 R/W 149 OF IPC, PENDING ON THE FILE OF LXII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CITY. IN SPLIT UP CASE REGISTERED AS S.C. NO.525/2025. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28062 CRL.P No. 9307 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.8 in SC No.525/2025 pending before the Court of LXII Addl. City Civil and Sessions Judge, Benglauru, arising out of Crime No.307/2016 registered by Jayanagar Police Station, Bengaluru, for the offences punishable under Sections 302, 307, 120B, 114, 143, 144, 147, 148 read with Section 149 of IPC, is before this Court under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.307/2016 was registered by Jayanagar Police Station, Bengaluru, for the offences punishable under Sections 302, 307, 120B and 34 of IPC, against Shamshir and others based on the first information dated 13.11.2016 received from Syed Asgar, who is the brother of deceased Syed Aslam. After completing investigation, charge sheet has been filed against ten persons and petitioner is arraigned as accused No.8 in the charge sheet. Since petitioner was absconding, a split-up case was registered against him and the case as - 3 - HC-KAR NC: 2025:KHC:28062 CRL.P No. 9307 of 2025 against other accused was committed and the same is now pending before the jurisdictional Sessions Court in SC No.503/2017. In the split-up case, petitioner had voluntarily surrendered before the Committal Court on 04.04.2025 and on the said day, he was remanded to judicial custody. Subsequently, even his case is now committed to the jurisdictional Sessions Court and is numbered as SC No.525/2025. His bail application filed in SC No.525/2025 was rejected on 12.06.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that petitioner's name is not found in the FIR. After completing investigation, charge sheet has been filed against ten persons and petitioner is arraigned as accused No.8 in the charge sheet. In the charge sheet, petitioner is shown as absconding. A reading of the charge sheet allegations would go to show that there is no such allegation in the charge sheet against the petitioner that he had assaulted the deceased Syed Aslam. The allegation against petitioner is that he had assaulted Abdul Khaja (CW3) with a knife and had caused injuries to him. It is not in dispute that petitioner has no other criminal antecedents. - 4 - HC-KAR NC: 2025:KHC:28062 CRL.P No. 9307 of 2025 The case of the other accused which is pending before the jurisdictional Sessions Court in SC No.503/2017 is still at the stage of fixing the date for trial. For the last nearly eight years, there is no progress in the case before the Trial Court. The prosecution has in all cited 47 charge sheet witnesses in the present case. Till date not even a single charge sheet witness has been examined before the Sessions Court in SC No.503/2017. It is brought to the notice of this Court that all other accused, who are facing trial in SC No.503/2017 have been enlarged on bail. Insofar as petitioner is concerned, he is in custody in the split up case which is now pending before the jurisdictional Sessions Court in SC No.525/2025. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner 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.525/2025 pending before the Court of LXII Addl. City Civil and Sessions Judge, Benglauru, arising out of Crime No.307/2016 registered by Jayanagar Police Station, - 5 - HC-KAR NC: 2025:KHC:28062 CRL.P No. 9307 of 2025 Bengaluru, for the offences punishable under Sections 302, 307, 120B, 114, 143, 144, 147, 148 read with Section 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; 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