- 1 - NC: 2025:KHC:7261 CRL.P No. 1203 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1203 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: AREEF ULLA S/O LATE NISAR AHMED, AGED ABOUT 24 YEARS, R/A # 400, C BLOCK, 9TH CROSS, SULTAN ROAD, GHOUSIYA NAGARA, MYSURU PIN CODE-570 019. …PETITIONER (BY SRI. RAJU C.N., ADVOCATE) AND: STATE BY UDAYAGIRI POLICE MYSORE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA AT BANGALORE, BANGALORE-560 009. …RESPONDENT (SRI. HARISH GANAPATI, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.159/2024 OF UDAYAGIRI POLICE MYSORE, ON THE FILE OF 2ND ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC COURT, MYSORE, FOR THE OFFENCES PUNISHABLE UNDER SECTION 103(1), 352, 126(2) R/W 3(5) OF BNS. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:7261 CRL.P No. 1203 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. This petition is preferred seeking to enlarge the petitioner on bail in Crime No.159/2024 of Udayagiri Police Station, registered for offences punishable under Section 103(1), 352, 126(2) r/w 3(5) of BNS, 2023. 3. Complaint is lodged by one Nadeem S/o Akram Pasha, on the basis of which the aforementioned crime is registered against accused Nos. 1 and 2. Petitioner is arraigned as accused No.2 in the FIR. 4. It is alleged that on 09.09.2024 at about 10.30 p.m., when deceased Zameer Pasha was standing in front of hilltop Bar in Shantinagara, Mysuru City, both the accused picked up quarrel with him and assaulted with - 3 - NC: 2025:KHC:7261 CRL.P No. 1203 of 2025 hands and accused No.1 hit him with a stone on his head etc. The victim was shifted to K.R.Hospital, Mysuru, wherein he succumbed to the injuries while undergoing treatment on 12.09.2024. 5. As per Post Mortem Report, deceased has sustained about six injuries. Death is due to complication of head injury sustained. 6. CWs.3, 4 and 13 are said to be the eye witnesses. Perused the statements of CWs.4 and 13 recorded under Section 183 of BNS, 2023. 7. Perusal of the statements of the eye witnesses reveal that it is accused No.1 who assaulted the deceased on his head with a stone. As per prosecution, both the accused were drunk and they picked up quarrel with the deceased and assaulted him with hands. Specific overt act of hitting the deceased with a stone, is attributed against accused No.1. At this stage, it cannot be said that the petitioner had an intention to commit the murder. - 4 - NC: 2025:KHC:7261 CRL.P No. 1203 of 2025 Prosecution has to establish its case in a full-fledged trial. Petitioner has no criminal antecedents. He is arrested and interrogated and not required for further interrogation. Investigation is completed and charge sheet is filed. 8. In the above facts and circumstances, petitioner can be admitted to bail by imposing conditions. Accordingly, the following: ORDER (i) Petition is allowed. (ii) Petitioner/accused No.2 in Crime No.159/2024 of Udayagiri Police Station, Mysuru City, is ordered to be released on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. - 5 - NC: 2025:KHC:7261 CRL.P No. 1203 of 2025 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 46 Ct:ar