The court emphasized that bail may be granted when allegations against the accused do not entail direct involvement in the crime, affirming the right to liberty unless substantial evidence exists.

ORAL ORDER

Accused Nos.3 to 5 in Crime.No.36/2025 registered by Bengaluru City Railway Police Station, Bengaluru District for the offence punishable under Section 109 R/w 3(5) of BNS , 2023 are before this Court in these two petitions filed under Section 483 of BNS S, 2023 seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime.No.36/2025 was registered by Bengaluru City Railway Police Station, Bengaluru District for the aforesaid offence against Sikandar and others on the basis of the first information dated 15.05.2025 submitted by Sri Arbaz Khan, who is the injured victim in the present case. During the course of investigation, the petitioners herein were arrested on 19.05.2025 and subsequently remanded to judicial custody. In their remand application, they are arraigned as accused Nos.3, 4 and 5.

HC-KAR

4. The bail application filed by the petitioners before the jurisdictional Sessions Court in Crl.Misc.No.4310/2025 & Crl.Misc.No.4314/2025 were rejected on 28.05.2025. Therefore, they are before this Court.

5. Perusal of the material on record would go to show that, name of the petitioners is not found in the FIR. In the first information submitted by the injured victim he has made allegation of assaulting him with deadly weapons, only as against accused Nos.1 and 2. Insofar as the other accused persons are concerned, he has stated that they were along with accused Nos.1 and 2 but has not attributed any overt act against other accused persons, who were present along with accused Nos.1 and 2.

6. In the remand application it is stated that, after accused Nos.1 and 2 had assaulted the injured victim with weapons, the other accused persons assaulted the injured with their hands. The petitioners are in custody from 19.05.2025 onwards. Accused No.2 is already arrested in HC-KAR the present case and he has been remanded to judicial custody. Insofar as the petitioners are concerned the only allegation against them is that they have assaulted the injured with their hands.

7. It is stated by the learned HCGP that, the injured victim has been discharged from the hospital and his condition is stable.

8. Considering the aforesaid aspects of the matter, I am of the opinion that, the petitioners' prayer for grant of regular bail requires to be answered affirmatively subject to appropriate conditions.

9. Accordingly, the following:

ORDER

The Criminal Petitions areallowed The petitioners are directed to be enlarged on bail in Crime.No.36/2025 registered by Bengaluru City Railway Police Station, Bengaluru District for the offence HC-KAR punishable under Section 109 R/w 3(5) of BNS , 2023, subject to the following conditions:

a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;

c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioners shall not involve in similar offences in future;

e) The petitioners shall mark their attendance before the SHO of Bengaluru City Railway Police Station on Sunday of every HC-KAR month, till investigation in the case is completed and final report is filed.