IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 13730 OF 2025

(439(Cr.PC) / 483(BNSS))

BETWEEN:

1. MR. MOHAMMED TOUFIQ

@TOUFIQ

S/O MR. MOHAMMED SAMIULLA

AGED ABOUT 35 YEARS RESIDING AT NO. 318,

MADINA MOHALLA

D. J. HALLI,

BANGALORE-560045

AADHAAR NO 79809681 1036

…PETITIONER

(BY SRI. SIDDAPPAJI S.,ADVOCATE)

AND:

Digitally signed by

LAKSHMINARA YANA

1. STATE OF KARNATAKA

MURTHY RAJASHRI

Location: HIGH BY D. J. HALLI POLICE STATION,

COURT OF

KARNATAKA BANGALORE

REPRESENTED BY LD.

STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA

BENGALURU-560 001

…RESPONDENT

(BY Smt.B PUSHPALATHA, HCGP)

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE/RELEASE THIS PETITIONER/ACCUSED NO.4 IN CR NO.0379/2017 SC NO.586/2018 AND SPLIT UP SC NO.1522/2023 ON BAIL FOR THE ALLEGED OFFENCES PUNISHBLE UNDER SECTION 302 READ WITH 34 OF IPC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by accused No.4 under Section

439 of Cr.PC praying to grant bail in SC No.1522/2023 (Crime No.379/2017 of Devajeevanahalli Police Station) pending on the file the learned 66^th Additional City Civil and Sessions Judge at Bengaluru registered for the offence punishable under Section 302 read with Section 34 of IPC.

2. Heard the learned counsel for petitioner and learned Additional State Public Prosecutor for respondent/State.

3. The petitioner was granted bail earlier in Crime No.379/2017 of Devarajeevanahalli Police Station in Crl. P. No.7347/2018 by order dated 13.12.2018. After grant of bail, the petitioner was released on bail, and thereafter, he was appearing in the sessions case. It is submitted that, due to miscommunication, the petitioner could not appear before the Sessions Court, and NBW was issued against him, and he has been secured on 22.04.2025, and he is in judicial custody. Now the petitioner has deposited Rs.50,000/- in SC No.586/2018 towards forfeited bond amount. The said amount deposited requires to be appropriated to the State towards forfeited bond amount.

4. Considering the above aspects, the petitioner is entitled for grant of bail with conditions.

In the result, the following:

ORDER i) The petition is allowed.

ii) The petitioner is granted bail in S.C No.1522/2023 (Crime No.379/2017 of Devajeevanahalli Police Station) pending on the file the learned 66^th Additional City Civil and Sessions Judge at Bengaluru registered for the offences punishable under Section 302 read with Section 34 of IPC subject to following conditions a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court.

b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.

c) The petitioner shall attend the Trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case.

The Trial Court shall appropriate the amount in deposit in a sum of Rs.50,000/- deposited by the petitioner towards forfeited bond amount of Rs.1,00,000/-

to the State.

Sd/-

(SHIVASHANKAR AMARANNAVAR)

JUDGE BKM List No.: 1 Sl No.: 2