The court grants bail under specific conditions, emphasizing the lack of disputed facts regarding prior bail status.

ORAL ORDER

1. Accused No.2 in Crime No.69/2024 registered by Bengaluru Rural Railway Police Station, Karnataka Railways, for the offences punishable under Sections 123 , 3(5) and 305(c) of BNS , 2023, is before this Court under Section 483 of BNS S, 2023, seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.69/2025 was registered by wadi railway police and subsequently transferred to Bengaluru Rural Railway Police Station, Karnataka Railways, for the aforesaid offences against unknown persons based on the first information dated 02.09.2024 received from Krishna S/o Venkatesh. During the course of investigation of the case, petitioner herein, who was arrested in some other criminal case was produced under body warrant in the present case and subsequently, remanded to judicial custody in the present case. After completing investigation, charge sheet has been filed against three persons and petitioner is arraigned as accused No.2 in the charge sheet. Bail application filed by him before the jurisdictional Sessions Court in Crl.Misc.No.3411/2025 was rejected on 29.04.2025. Therefore, he is before this Court.

4. Learned counsel for the petitioner submits that in all the other criminal cases registered against the petitioner, he has been enlarged on bail. In the present case, there is no test identification parade conducted and solely based on the confession statement of other accused persons, petitioner has been arraigned as an accused. Accordingly, prays to allow the petition.

5. Per contra, learned HCGP has opposed the petition on the ground that petitioner is a person with criminal antecedents. She submits that petitioner hails from Uttar Pradesh State and in the event he is enlarged on bail, it would be difficult to secure his presence.

6. FIR in the present case was registered against unknown persons based on the first information dated 02.09.2024 submitted by Krishna S/o. Venkatesh. In the first information, it is alleged that on 01.09.2024 when the first informant was traveling from Bengaluru Railway Station to Wadi Railway Station in Train bearing No.12627 - Karnataka Express with one Soheb S/o. Sabbir who was traveling to Kalaburagi from Bangalore, one person aged between 26 years entered the compartment in which first informant was sitting and the said person allegedly gave some eatables and cold drinks to the first informant and said Soheb and after consuming it, first informant and soheb allegedly slept. On the next day, when they woke up they found that their belongings including their mobile phones were robbed by the said person. Petitioner and other accused persons, who were arrested in some other case were produced under body warrant in this case and after investigation, charge sheet has been filed for the aforesaid offences. The maximum punishment for the alleged offences is imprisonment for a period of ten years. Petitioner is in custody in the present case for the last more than six months. In the other criminal cases registered against the petitioner, he has been already enlarged on bail and the said aspect of the matter has not been disputed by learned HCGP. The apprehension expressed by learned HCGP can be taken care of by imposing appropriate conditions. Accordingly, the following order:-

7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.69/2024 registered by Bengaluru Rural Railway Police Station, Karnataka Railways, for the offences punishable under Sections 123 , 3(5) and 305(c) of BNS , 2023, subject to the following conditions: