Full Judgment Text
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NC: 2026:KHC:15981
CRL.P No. 3852 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 18 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 3852 OF 2026
(439(1)(b)(Cr.PC) / 483(1)(b)(BNSS))
BETWEEN:
SRI SYED TABREZ @ TABREZ,
S/O SYED SHAHNOOR,
AGE: 45 YEARS,
R/AT NO.218, NARAYANA PILLAI STREET,
HKP ROAD, SHIVAGINAGAR,
BENGALURU-560001
…PETITIONER
(BY SRI. HARISH KUMAR M.T., ADVOCATE)
AND:
STATE OF KARNATAKA BY
SHO, BHARATHINAGAR, P.S,
BENGALURU,
REPTD BY,
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU-560001.
…RESPONDENT
(BY SRI RAHUL RAI K, HCGP)
THIS CRL.P IS FILED U/S 439(1)(b) CR.PC (FILED U/S
483(1)(b) BNSS) PRAYING TO GRANT THE RELAXATION OF
THE CONDITION OF THE BAIL ORDER DATED 07.11.2023
PASSED IN CRL.PET.NO.10225/2023 PASSED BY THE HONBLE
Digitally signed
by SACHIN
Location: HIGH
COURT OF
KARNATAKA
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NC: 2026:KHC:15981
CRL.P No. 3852 of 2026
HC-KAR
COURT AND PRAYS TO PERMIT THE PETITIONER TO DEPOSIT A
NOMINAL/ REASONABLE CASH SURETY INSTEAD OF TWO
SURETIES AS ORDERED BY THE HON’BLE COURT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused No.1 in Crime No.76/2023 registered by Bharathi
Nagar Police Station, Bengaluru, for the offence punishable
under Section 306 of IPC, is before this Court in this petition
filed under Section 439(1)(b) of Cr.P.C. seeking modification of
condition No.‘1.’ imposed by this Court in Crl.P.No.10225/2023
allowed on 07.11.2023.
2. Heard the learned counsel for the parties.
3. Petitioner had filed Crl.P.No.10225/2023 before this Court
under Section 438 of Cr.P.C. seeking anticipatory bail in Crime
No.76/2023 registered by Bharathi Nagar Police Station,
Bengaluru, for the offence punishable under Section 306 of IPC.
The said petition was allowed by this Court on 07.11.2023
subject to certain conditions. Condition No.’1.’ imposed by this
Court reads as follows:-
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NC: 2026:KHC:15981
CRL.P No. 3852 of 2026
HC-KAR
“1. The petitioner shall appear before the
Investigation Officer within 15 days from the
date of receipt of the copy of this order and
shall execute a personal bond for a sum of
Rs.1,00,000/- (One lakh only) with two
sureties for the likesum to the satisfaction of
the investigating officer.”
4. Seeking relaxation of the same, the petitioner is before
this Court.
5. Learned counsel for the petitioner submits that petitioner
is not in a position to furnish two sureties for a sum of
Rs.1,00,000/- and on the other hand, he is willing to furnish
cash security to the satisfaction of the Trial Court. He submits
that after completing investigation, already charge sheet has
been filed and the Co-ordinate Bench of this Court in
Crl.P.No.3058/2026 has modified the bail condition insofar as it
relates to the other accused in the present case.
6. Per contra, learned HCGP, who has opposed the petition
however, does not dispute that the Co-ordinate Bench of this
Court has modified the bail condition insofar as other accused is
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NC: 2026:KHC:15981
CRL.P No. 3852 of 2026
HC-KAR
concerned and has directed the other accused in this case to
furnish cash security before the Trial Court.
7. Under the circumstances, I am of the opinion that the
prayer made by the petitioner in this petition is also required to
be granted and the impugned condition at No.1 in
Crl.P.No.10225/2023 is required to be modified. Accordingly,
the following order:-
8. The criminal petition is allowed. Condition No.’1.’ imposed
by this Court in Crl.P.No.10225/2023 disposed off on
07.11.2023 is modified and the petitioner is directed to furnish
cash security of Rs.25,000/-. All other conditions in
Crl.P.No.10225/2023 stands unaltered.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
DN
List No.: 19 Sl No.: 4
NC: 2026:KHC:15981
CRL.P No. 3852 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 18 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 3852 OF 2026
(439(1)(b)(Cr.PC) / 483(1)(b)(BNSS))
BETWEEN:
SRI SYED TABREZ @ TABREZ,
S/O SYED SHAHNOOR,
AGE: 45 YEARS,
R/AT NO.218, NARAYANA PILLAI STREET,
HKP ROAD, SHIVAGINAGAR,
BENGALURU-560001
…PETITIONER
(BY SRI. HARISH KUMAR M.T., ADVOCATE)
AND:
STATE OF KARNATAKA BY
SHO, BHARATHINAGAR, P.S,
BENGALURU,
REPTD BY,
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU-560001.
…RESPONDENT
(BY SRI RAHUL RAI K, HCGP)
THIS CRL.P IS FILED U/S 439(1)(b) CR.PC (FILED U/S
483(1)(b) BNSS) PRAYING TO GRANT THE RELAXATION OF
THE CONDITION OF THE BAIL ORDER DATED 07.11.2023
PASSED IN CRL.PET.NO.10225/2023 PASSED BY THE HONBLE
Digitally signed
by SACHIN
Location: HIGH
COURT OF
KARNATAKA
- 2 -
NC: 2026:KHC:15981
CRL.P No. 3852 of 2026
HC-KAR
COURT AND PRAYS TO PERMIT THE PETITIONER TO DEPOSIT A
NOMINAL/ REASONABLE CASH SURETY INSTEAD OF TWO
SURETIES AS ORDERED BY THE HON’BLE COURT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused No.1 in Crime No.76/2023 registered by Bharathi
Nagar Police Station, Bengaluru, for the offence punishable
under Section 306 of IPC, is before this Court in this petition
filed under Section 439(1)(b) of Cr.P.C. seeking modification of
condition No.‘1.’ imposed by this Court in Crl.P.No.10225/2023
allowed on 07.11.2023.
2. Heard the learned counsel for the parties.
3. Petitioner had filed Crl.P.No.10225/2023 before this Court
under Section 438 of Cr.P.C. seeking anticipatory bail in Crime
No.76/2023 registered by Bharathi Nagar Police Station,
Bengaluru, for the offence punishable under Section 306 of IPC.
The said petition was allowed by this Court on 07.11.2023
subject to certain conditions. Condition No.’1.’ imposed by this
Court reads as follows:-
- 3 -
NC: 2026:KHC:15981
CRL.P No. 3852 of 2026
HC-KAR
“1. The petitioner shall appear before the
Investigation Officer within 15 days from the
date of receipt of the copy of this order and
shall execute a personal bond for a sum of
Rs.1,00,000/- (One lakh only) with two
sureties for the likesum to the satisfaction of
the investigating officer.”
4. Seeking relaxation of the same, the petitioner is before
this Court.
5. Learned counsel for the petitioner submits that petitioner
is not in a position to furnish two sureties for a sum of
Rs.1,00,000/- and on the other hand, he is willing to furnish
cash security to the satisfaction of the Trial Court. He submits
that after completing investigation, already charge sheet has
been filed and the Co-ordinate Bench of this Court in
Crl.P.No.3058/2026 has modified the bail condition insofar as it
relates to the other accused in the present case.
6. Per contra, learned HCGP, who has opposed the petition
however, does not dispute that the Co-ordinate Bench of this
Court has modified the bail condition insofar as other accused is
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NC: 2026:KHC:15981
CRL.P No. 3852 of 2026
HC-KAR
concerned and has directed the other accused in this case to
furnish cash security before the Trial Court.
7. Under the circumstances, I am of the opinion that the
prayer made by the petitioner in this petition is also required to
be granted and the impugned condition at No.1 in
Crl.P.No.10225/2023 is required to be modified. Accordingly,
the following order:-
8. The criminal petition is allowed. Condition No.’1.’ imposed
by this Court in Crl.P.No.10225/2023 disposed off on
07.11.2023 is modified and the petitioner is directed to furnish
cash security of Rs.25,000/-. All other conditions in
Crl.P.No.10225/2023 stands unaltered.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
DN
List No.: 19 Sl No.: 4