- 1 - HC-KAR CNR: KAHC010375952026 NC: 2026:KHC:36461 CRL.P No. 7881 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7881 OF 2026 BETWEEN: SRI. SYED ASIFULLA @ ASEEF @ SYED MUSTHAF S/O SHAFIULLA, AGED ABOUT 38 YEARS, R/AT REHAMATHNAGARA, BEHIND AGSA MASJID NEAR RAGI MILL, AT PALLIGATE, KOLAR TOWN, KOLAR DISTRICT NOW AT JANGAMA KUNTE CROSS, SIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT - 562 101. …PETITIONER (BY SMT. RAJESHWARI M, ADVOCATE) AND: THE STATE OF KARNATAKA BY SIRA POLICE STATION, TUMKURU, RETD BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560 001 …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BALL TO THE PETITIONER IN CRIME NO. 50/2015 IN SC NO. 137/2022, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010375952026 NC: 2026:KHC:36461 CRL.P No. 7881 of 2026 PENDING ON THE FILE OF VI ADDITIONAL DISTRICT AND SESSION JUDGE AT TUMAKURU BY THE SIRA POLICE STATION FOR THE OFFENCE P/U/S 395 OF IPC. 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 S.C. No.137/2022 pending before the Court of VI Additional District and Sessions Judge, Tumakuru arising out of crime No.50/2015 registered by Sira Police Station, Tumakuru for offence punishable under Section 395 of 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 petitioner and learned HCGP on behalf of respondent - State. 3. Learned counsel for the petitioner submits that on the merits of the case, petitioner was earlier granted regular bail by this Court in Criminal Petition No.6585/2016. She submits that accused Nos.1 to 3, who are tried for the charge sheeted offences by the Trial Court have been acquitted. Petitioner is - 3 - HC-KAR CNR: KAHC010375952026 NC: 2026:KHC:36461 CRL.P No. 7881 of 2026 ready to abide by the conditions that may be imposed on him. Accordingly, she prays to allow the petition. 4. Per contra, learned HCGP, who has opposed the petition submits that, petitioner is a person with criminal antecedent and he has not cooperated before the trial Court. Accordingly prays to dismiss the petition. 5. A perusal of the material on record would go to show that petitioner who was arrested in the present case on 12.05.2015, was granted regular bail by this Court in Criminal Petition No.6585/2016 by order dated 24.10.2016. Subsequently, the case was committed to the Jurisdictional Sessions Court and numbered in SC No.3/2019. It appears that since the petitioner had not appeared before the trial Court in S.C No.3/2019, a split-up case was registered against him in S.C No.137/2022. In the said case, he was arrested on 17.04.2026 and remanded for judicial custody. 6. Accused No.2 in the present case was tried in S.C No.3/2019 and accused Nos.1 and 3 were tried in S.C No.110/2019 for the charge sheeted offences. The trial Court by judgment and order of acquittal dated 15.04.2026 has - 4 - HC-KAR CNR: KAHC010375952026 NC: 2026:KHC:36461 CRL.P No. 7881 of 2026 acquitted accused Nos.1 to 3 in S.C No.3/2019 and SC No.110/2019. Petitioner who was earlier granted regular bail in the present case is now remanded to custody for the reason that he had not appeared before the Trial Court on the regular dates of hearing. He has undertaken to co-operate before the Trial Court for speedy disposal of the case and also to abide by the conditions imposed on him. 7. Considering the aforementioned 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 subject to appropriate conditions. Accordingly, the following: ORDER i. The criminal petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.137/2022 pending before the Court of VI Additonal District and Sessions Judge, Tumakuru arising out of Crime No.50/2015 of Sira Police Station, Tumakuru, for the offences punishable under Section 395 of IPC, subject to the following conditions: - 5 - HC-KAR CNR: KAHC010375952026 NC: 2026:KHC:36461 CRL.P No. 7881 of 2026 a) The 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 of. f) Petitioner is directed to appear before the station house officer of Sira Police station on every first Sunday of the month between 10.00a.m. to 01.00 p.m and mark his attendance regularly till the case registered against him is disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE VS List No.: 1 Sl No.: 82