- 1 - HC-KAR CNR: KAHC010250202026 NC: 2026:KHC:36257 CRL.P No. 5544 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5544 OF 2026 BETWEEN: MR. SYED UMAR S/O ALI PASHA @ SYED VALI PRESENTALY AGED ABOUT 22 YEARS INDIRANAGARA, SRINIVASAPURA TOWN KOLAR DISTRICT - 563 135. …PETITIONER (BY SRI MURTUZA ALI BAIG, ADV.) AND: THE STATE OF KARNATAKA SHIDLAGAHTTA TOWN POLICE STATION CHIKKABALLAPAURA, REP BY SPP HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE BAIL TO THE PETITIONER IN S.C. NO. 42/2022, FOR THE OFFENCES ALLEGED AGAINST THE PETITIONER UNDER THE SECTIONS OF 34, 120B, 380, 397, 457 AND 302 OF IPC PENDING FILE BEFORE THE HONBLE COURT OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT CHIKKABALLAPURA, THE CERTIFIED COPY PRODUCED AS ANNEXURE C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010250202026 NC: 2026:KHC:36257 CRL.P No. 5544 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.1 in S.C.No.42/2022 pending before the Court of Prl. District & Sessions Judge, Chikkaballapura, arising out of Crime No.24/2022 registered by Shidlaghatta Town Police Station, Chickballapura District, for the offences punishable under Sections 120B, 380, 397, 457, 302 read with 34 IPC, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.24/2022 was registered by Shidlaghatta Town Police Station, Chickballapura District, for the offence punishable under Section 302 IPC against unknown persons after the dead body of aged couple was found inside their house within the jurisdiction of Shidlaghatta Town Police Station. 4. During the course of investigation, petitioner was arrested. After completing investigation, charge sheet was filed against the accused for the aforesaid offences. His bail - 3 - HC-KAR CNR: KAHC010250202026 NC: 2026:KHC:36257 CRL.P No. 5544 of 2026 application filed before the Trial Court in S.C.No.42/2022 was rejected on 07.02.2026. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner submits that petitioner is in custody in the present case for the last nearly four years. The other accused have been enlarged on bail. Petitioner's mother is ailing and there is nobody to take care of her. Considering the progress of trial in the case, the petitioner may be granted regular bail. 6. Per contra, learned HCGP who has opposed the petition, submits that petitioner is a person with criminal antecedents. He has committed heinous offence of murdering two aged persons for gain. The gold jewellery robbed from the hosue of the deceased has been recovered at the instance of the petitioner. Accordingly, he prays to dismiss the petition. 7. FIR was registered in the present case after the dead body of the aged couple was found inside their house within the jurisdiction of Shidlaghatta Town Police Station. In the charge sheet which is now filed, it is alleged that petitioner and two - 4 - HC-KAR CNR: KAHC010250202026 NC: 2026:KHC:36257 CRL.P No. 5544 of 2026 other accused persons with an intention of committing the murder of deceased D.V.Srinivasalu and his wife Padmavathamma, had entered their house on the intervening night of 09.02.2022 and 10.02.2022 and had assaulted them with iron rods and other weapons and committed their murder. Subsequently, the gold jewellery weighing about 79 grams and cash of Rs.7,000/- were robbed from the house of deceased by the accused persons. During the course of investigation, petitioner was arrested and at his instance, the aforesaid gold jewelry which was pledged by him with CW-27 was recovered. 8. The material on record would go to show that after the petitioner was arrested in the present case in the year 2022, he was remanded to State Home since there was a dispute with regard to his age. It appears that petitioner had escaped from the State Home and had committed offences in Andhara Pradesh State and Tamil Nadu State. FIR in Crime No.69/2023 was registered against the petitioner in Gudupalli Police Station for the offence punishable under Sections 364A & 395 IPC and in the said case, petitioner was arrayed as accused no.1. Subsequently, he also had involved in another theft case which - 5 - HC-KAR CNR: KAHC010250202026 NC: 2026:KHC:36257 CRL.P No. 5544 of 2026 was registered for the offence punishable under Sections 379, 109 of IPC and 25(1)(a) of Arms Act by Thimmampet Police Station, Vaniyamabadi, Tirupathur District, Tamil Nadu State. 9. The material on record would also go to show that prior to committing the present crime in the year 2022, petitioner was involved in another criminal case for the offence punishable under Section 379 IPC registered by Kencharlahalli Police Station, Chickballapura District. Considering the fact that petitioner had earlier escaped from the State Home and thereafter he had involved in two other criminal cases, I am of the opinion that it is not safe to enlarge the petitioner on bail in a case where murder of elderly couple is committed for the purpose of gain. 10. Learned HCGP has brought to the notice of this Court that trial in the case has already commenced and material witnesses are being examined. Therefore, at this stage, if the petitioner is enlarged on bail, chances of he causing hindrance in the progress of the case cannot be ruled out in the event he does not co-operate before the Trial Court. - 6 - HC-KAR CNR: KAHC010250202026 NC: 2026:KHC:36257 CRL.P No. 5544 of 2026 11. Considering the aforesaid aspects of the matter, I am of the opinion that petitioner's prayer for grant of regular bail cannot be entertained at this stage. Accordingly, petition is dismissed with a request to the Trial Court to expedite the trial and dispose of the main case at the earliest. Sd/- (S VISHWAJITH SHETTY) JUDGE KK