IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4198 OF 2025 BETWEEN:

MOHAMMED SUFIYAN, S/O. MOHAMMED KHALEED, AGED ABOUT 21 YEARS, R/AT 88/5, 1ST CROSS ROAD, 1ST MAIN, QUALITY STORE, LAKKASANDRA, LALAJI NAGAR, ADUGODI POST, BENGALURU - 560 030.

…PETITIONER (BY SRI. HIREMATH ATHMA VIRUPAKSHAYYA, ADVOCATE)

AND:

STATE OF KARNATAKA, Digitally signed REPRESENTED BY CHANNAPATNA TOWN P. S., by REPRESENTED BY STATE PUBLIC PROSECUTOR, VIJAYALAKSHMI B N HIGH COURT OF KARNATAKA, Location: High BENGALURU - 560 001.

Court of …RESPONDENT Karnataka (BY SMT. PUSHPALATHA B, ADDL. SPP)

THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGED ON BAIL IN FIR/CRIME NO.68/2024 OF CHANNAPATNA TOWN POLICE, PRESENTLY CC NO.175/2025 WHICH IS PENDING BEFORE THE HONBLE ADDITIONAL CIVIL JUDGE AND JMFC AT CHENNAPATNA IN CC NO.175/2025 AFTER FINAL REPORT FOR THE O/P/U/S 311 AND 115(2) OF BNS REGISTERED BY THE CHANNAPATNA TOWN POLICE STATION BY ALLOWING THE PRESENT CRIMINAL PETITION.

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 Crime No.68/2024 registered by Channapatna Town Police Station, Ramanagara, for offence punishable under Sections 309(4) and 309(6) of Bharatiya Nyaya Sanhita, 2023 (in short 'BNS'), is before this Court under Section 483 of BNSS, 2023, seeking regular bail.

2. Heard the learned counsel for the parties.

3. F.I.R in Crime No.60/2024 was registered by Channapatna town Police Station, Ramanagara, initially for the offence punishable under Sections 309(4) and 309(6) of BNS against three unknown persons, based on the first information dated 07.11.2024 received from Sunil.G. During the course of investigation, petitioner herein was arrested on 07.11.2024. After completion of investigation, charge sheet has been filed against four persons. Petitioner is arraigned as Accused No.1 in the charge sheet. His bail application filed in the jurisdictional Sessions Court was rejected on 13.12.2024. Therefore, he is before this Court.

4. Learned counsel for the petitioner submits that Accused Nos.3 and 4 have been granted regular bail by this Court. He submits that petitioner who is an youngster aged about 21 years, has no criminal antecedents and he has been in custody for the last five months. Accordingly, he prays to allow the petition.

5. Per contra, learned Addl. SPP opposes the prayer made by the learned counsel for the petitioner.

6. Material on record would go to show that on the early hours of 07.11.2024, two persons entered the Petrol Bunk - C.K.Nagaraju Service Station at Channapatna when the informant was on duty and after assaulting one Shahanawaz who was in the petrol bunk, the accused persons allegedly robbed a sum of Rs.22,000/- and went away in a car in which they had arrived. During the course of investigation, four persons were arrested in the present case on 15.11.2024. As per the charge sheet, Accused Nos.1 and 2 are said to be the persons who had entered the petrol bunk on 06.11.2024 and had attacked Sahanvaj. Undisputedly, Sahanvaj has suffered only simple injury in the incident. Accused Nos.3 and 4 were allegedly sitting inside the car in which Accused Nos.1 and 2 had arrived. After the crime was committed, all the accused had escaped in their car from the scene of crime. Accused Nos.3 and 4 have been granted regular bail by the co-ordinate Bench of this Court in Criminal Petition No.360/2025 and Criminal Petition No.190/2025. Undisputedly, petitioner has no criminal antecedents and he is aged about 21 years. Investigation of the case is completed. The alleged offence is not exclusively punishable with death or imprisonment for life. Under these circumstances, I am of the view that, petitioner has made out a prima facie case for grant of regular bail.

Accordingly, the following:

ORDER The petition is allowed.