Sri Syed Aslam @ Aslam Pasha, Vs State of Karnataka

SRI SYED ASLAM @ ASLAM PASHA S/O LATE SYED IMAM SAB AGED ABOUT 45 YEARS R/AT NO.386, SWAGATH MAIN ROAD NEAR TILAK NAGAR P.S JAYANAGARA 3RD BLOCK BANGALORE - 560 041.

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…PETITIONER

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(BY SRI NARASIMHA MURTHY L, ADV.)

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AND:

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BY BAGEPALLI POLICE STATION BAGEPALLI - 561 207 REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU - 560 001.

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(BY SMT. ASMA KOUSER, ADDL. SPP)

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…RESPONDENT

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL IN S.C.NO.34/2025 (CR.NO.459/2024, REGISTERED BY BAGEPALLI P.S) FOR THE OFFENCE P/U/S 111,140(2),311,61(2) OF BNS 2023 PENDING FOR TRIAL BEFORE THE III ADDL.DISTRICT AND SESSIONS JUDGE CHIKKABALLAPURA AS HIS BAIL PETITION FILED UNDER SEC.483 OF BNSS 2023 WAS REJECTED ON 09.05.2025 COUPLED WITH SUCH OTHER CONDITION.

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

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NC: 2025:KHC:21995 CRL.P No. 7304 of 2025

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HC-KAR

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.5 in S.C.No.34/2025 pending before the Court of III Addl. District & Sessions Judge, Chikkaballapura arising out of Crime No.459/2024 registered by Bagepalli Police Station, Chikkaballapura District for the offences punishable under Sections 111, 61(2), 140(2) & 311 of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail.

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Heard the learned counsel appearing for the

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parties.

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FIR in Crime No.459/2024 was registered by Bagepalli Police Station, Chikkaballapura District for the aforesaid offences against one Bombay Saleem and others, based on the first information dated 20.12.2024 received from Sri Ashwathnarayanaswamy S/o Narasimhappa. During the course of investigation, the petitioner was arrested on 25.12.2024 and subsequently

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NC: 2025:KHC:21995 CRL.P No. 7304 of 2025

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HC-KAR

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remanded to judicial custody. The bail application filed by the petitioner in S.C.No.34/2025 before the jurisdictional Sessions Court was rejected on 09.05.2025. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that similarly situated other accused have been granted regular bail by this Court. The petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition.

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Per contra, learned Addl. SPP who has opposed the petition does not dispute the submission made by learned counsel for the petitioner.

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Perusal of the material on record would go to show that the first information was submitted on 20.12.2024 alleging that on 20.12.2024 while the first informant was traveling in his car bearing registration No.KA-11-M-6764 carrying a sum of Rs.16 lakhs, some persons who came in Innova car bearing registration No.KA-04-AD-1217 intercepted his car and accused No.1 Bombay Saleem who was present in the said Innova car

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4 - NC: 2025:KHC:21995 CRL.P No. 7304 of 2025

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HC-KAR

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along with other accused allegedly snatched the bag, in which he was carrying a sum of Rs.16 lakhs and had escaped from the spot in the vehicle in which they had arrived. During the course of investigation, the petitioner herein was arrested on 25.12.2024 and after completing investigation charge sheet has been filed against 11 accused persons. The material on record would go to show that, during the course of investigation, a sum of Rs.25,000/- was recovered from the petitioner. Except the same there is no other recovery from the petitioner.

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Accused No.8 from whose possession a sum of

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Rs.50,000/- was recovered after he was arrested in the present case was granted regular bail by the jurisdictional Sessions Court in Cr.Misc.No.74/2025. Accused No.6 and 7

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have been granted regular bail by this Court in Crl.P.No.3517/2025 and Crl.P.No.2148/2025. Accused No.2 has been granted regular bail by this Court in Crl.P.No.5058/2025. Undisputedly, the petitioner has no

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5 - NC: 2025:KHC:21995 CRL.P No. 7304 of 2025

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HC-KAR

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other criminal antecedents. His name is not found in the FIR.

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Considering the aforesaid 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 on the ground of parity .

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Accordingly, the following:

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ORDER

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The petitioner is directed to be enlarged on bail in S.C.No.34/2025 pending before the Court of III Addl. District & Sessions Judge, Chikkaballapura arising out of Crime No.459/2024 registered by Bagepalli Police Station, Chikkaballapura District for the offences punishable under Sections 111, 61(2), 140(2) & 311 of BNS, 2023, subject to the following conditions:

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a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the

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NC: 2025:KHC:21995 CRL.P No. 7304 of 2025

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HC-KAR

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likesum, to the satisfaction of the jurisdictional Court;

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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;

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

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

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Sd /- (S VISHWAJITH SHETTY) JUDGE

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NMS

Sri Syed Aslam @ Aslam Pasha, v. State of Karnataka

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Sri Syed Aslam @ Aslam Pasha, v. State of Karnataka

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