- 1 - HC-KAR NC: 2025:KHC:28228 CRL.P No. 9576 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9576 OF 2025 BETWEEN: 1. ABDUL KALAM @ KALAM S/O MD HEFAJ AGED ABOUT 20 YEARS R/AT NO.26, 1ST MAIN ROAD MAEENA PROVISION STORE VENKATALA MARUTHI NAGAR YELAHANKA, BANGALORE-560 064. …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: 1. STATE OF KARNATAKA BY YELAHANKA POLICE STATION BANGALORE, REP BY SPP HIGH COURT BUILDING BANGALORE-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 RELEASE THE PETITIONER ON BAIL IN CR.NO.179/2025 OF YELAHANKA POLICE STATION FOR OFFENCES PUNISHABLE UNDER SECTIONS 126(2), 115(2), 118(1), 118(2), 109(1), 351(3), 352 R/W 3(5) OF BNS, 2023 PENDING ON THE FILE OF THE 7TH ACMM COURT, AT BANGALORE. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28228 CRL.P No. 9576 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 Accused No.4 in Crime No.179/2025 registered by Yelahanka Police Station, Bengaluru for offences punishable under Sections 126(2), 115(2), 118(1), 118(2), 109(1), 351(3), 352 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that accused Nos.1 and 2 as against similar allegations are found in the F.I.R. have been granted regular bail by this Court in Crl.P.No.8606/2025 disposed of on 09.07.2025. Accused No.3 was granted anticipatory bail by the jurisdictional Sessions Court in Crl.Misc.No.4587/2025. - 3 - HC-KAR NC: 2025:KHC:28228 CRL.P No. 9576 of 2025 The petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP who has opposed the petition does not dispute the submissions made by the learned counsel for the petitioner. 5. Perusal of the material on record would go to show that accused Nos.1, 2 and the first informant are brothers and it appears that there is some civil dispute between them. The allegation in the first information is that accused Nos.1 and 2 after death of their father had created a gift deed in their name in respect of certain family properties. It is in this background the alleged incident had taken place in which accused Nos.1 and 2 had allegedly assaulted the first informant and his son with weapon. So far as the petitioner is concerned, allegation against him is that he had assaulted the first informant with a stone. Accused Nos.1 and 2 have been granted regular bail by this Court in Crl.P.No.8606/2025. The - 4 - HC-KAR NC: 2025:KHC:28228 CRL.P No. 9576 of 2025 petitioner has no other criminal antecedents. Therefore, I am of the opinion that the prayer made by the petitioner for grant of regular bail has to be answered in the affirmative on the ground of parity. Accordingly the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.179/2025 of Yelahanka Police Station, Bengaluru registered for the offences punishable under Sections 126(2), 115(2), 118(1), 118(2), 109(1), 351(3), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: a) Petitioner shall execute 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 - 5 - HC-KAR NC: 2025:KHC:28228 CRL.P No. 9576 of 2025 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 PGG