- 1 - HC-KAR NC: 2026:KHC:29091 CRL.P No. 2640 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2640 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: MR. ARSHAD KHAN @ HARSHAD KHAN S/O LATE ANWAR KHAN AGED ABOUT 23 YEARS, R/A NO.254, 1ST CROSS, ASHWATH NAGARA, THANISANDRA, NEAR ALI MASJID, BENGALURU-560077 …PETITIONER (BY SRI. S. SHEHINSHA ALI., ADVOCATE) AND: STATE BY KARNATAKA BY R.T.NAGARA POLICE STATION, BENGALURU, KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-01. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C TO ENLARGE HIM ON BAIL IN CRIME NO.304/2023 REGISTERED AT R.T.NAGAR POLICE STATION, BENGALURU Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29091 CRL.P No. 2640 of 2026 FOR THE OFFENCE P/U/S 307,353,120-B,149 OF IPC AND FOR OFFENCE U/S.25-1(B)(b) OF ARMS ACT WITH S.C.NO.1450/2024 PENDING BEFORE HONBLE LXVII ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-68) 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.1450/2024 pending before the Court of LXVII Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.304/2023 registered by R.T.Nagar Police Station, Bengaluru, for the offences punishable under Sections 307, 353, 120(B) read with Section 149 IPC and Section 25(1)(B)(b) of Arms Act, is before this Court in this petition filed under Section 439 of Code of Criminal Procedure, seeking regular bail. 2. Heard learned Counsel for the petitioner and learned Additional Special Public Prosecutor appearing for the respondent-State. - 3 - HC-KAR NC: 2026:KHC:29091 CRL.P No. 2640 of 2026 3. FIR in Crime No.304/2023 was registered by R.T.Nagar Police Station, Bengaluru, for the aforesaid offences against the petitioner and others based on the first information dated 26.08.2023 received from Vinod R.Naik, Police Officer attached to R.T.Nagar Police Station. During the course of investigation, the petitioner was arrested in the said case on 26.08.2023 and remanded to judicial custody. Investigation of the case was subsequently completed and charge sheet was filed as against five persons. Petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the Trial Court in S.C.No.1450/2024 was rejected on 29.01.2026. Therefore, the petitioner is before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition submits that in all other criminal cases which were registered against the petitioner, he has been granted bail. Insofar as the present case is concerned, none of the victims have suffered any injury in the alleged incident and the - 4 - HC-KAR NC: 2026:KHC:29091 CRL.P No. 2640 of 2026 petitioner is in custody for nearly last three years. Accordingly, learned Counsel prays to allow the petition. 5. Per contra, learned Additional State Public Prosecutor who has opposed the bail petition submits that petitioner is a person with criminal antecedents having nearly 16 other cases registered against him. Accordingly, she prays to dismiss the petition. 6. Perusal of the first information as well as the charge sheet which is filed in the present case would reveal that petitioner was accused in Crime No.270/2022 registered by R.T.Nagar Police Station, for offence punishable under Section 307 and other provisions of IPC. On 26.08.2023, the Police Officers attached to R.T.Nagar Police Station had received a credible information that petitioner and other accused persons involved in Crime No.270/2022 were near Kaval Byrasandra within the jurisdiction of R.T.Nagar Police Station. Police Officers attached to R.T.Nagar Police Station thereafter, went to the said place to apprehend the petitioner and the other - 5 - HC-KAR NC: 2026:KHC:29091 CRL.P No. 2640 of 2026 accused persons who were allegedly present at the aforesaid place. The accused persons after seeing the police allegedly took out weapons and tried to assault the Police Officers. Undisputedly none of the Police Officers have suffered any injury in the said incident and on the other hand, they had managed to apprehend the accused persons, who were subsequently brought to the Police Station and FIR in Crime No.304/2023 was registered against them. 7. Learned Counsel for the petitioner has submitted that in all the other criminal cases which were earlier registered against the petitioner, he has been granted regular bail. Insofar as the present case is concerned, he is in custody for the last nearly three years. As stated earlier, none of the victims have suffered any injury in the present case. The Hon'ble Supreme Court in the case of Prabhakar Tewari Vs. State of Uttar Pradesh and Another (2020) 11 SCC 648, has observed that antecedent of an accused cannot be a sole reason to deny - 6 - HC-KAR NC: 2026:KHC:29091 CRL.P No. 2640 of 2026 him bail, if it is found that he is otherwise entitled for the relief sought for in the case. 8. Under the circumstances, 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 The Criminal petition is allowed. Petitioner/Accused No.1 is directed to be enlarged on bail in S.C.No.1450/2024 pending before the Court of LXVII Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.304/2023 registered by R.T.Nagar Police Station, Bengaluru, for the offences punishable under Sections 307, 353, 120(B) read with Section 149 IPC and Section 25(1)(B)(b) of Arms Act, subject to the following conditions; a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the - 7 - HC-KAR NC: 2026:KHC:29091 CRL.P No. 2640 of 2026 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 of. Sd/- (S VISHWAJITH SHETTY) JUDGE JT/- CT:JL