- 1 - NC: 2025:KHC:10495 CRL.P No. 1688 of 2025 C/W CRL.P No. 955 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1688 OF 2025 C/W CRIMINAL PETITION NO. 955 OF 2025 IN CRL.P No. 1688/2025 BETWEEN: SRI. SAIFULLA KHAN S/O SABAJI KHAN AGED ABOUT 35 YEARS, RESIDING AT BYLANARASAPURA VILLAGE, NANDAGUDI HOBALI, HOSKOTE TALUQ, BENGALURU - 562 122. …PETITIONER (BY SRI. TONY SEBASTIAN, SR. COUNSEL FOR MS. MELANIE SEBASTIAN, ADVOCATE) AND: STATE OF KARNATAKA BY NANDAGODI POLICE STATION HOSAKOTE TALUK BENGALURU DISTRICT. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS , BENGALURU - 560 001 …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) Digitally signed by CHAITHRA P Location: High Court of Karnataka - 2 - NC: 2025:KHC:10495 CRL.P No. 1688 of 2025 C/W CRL.P No. 955 of 2025 THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ORDER THE RELEASE OF THE PETITIONERS ON BAIL IN C.C.NO.7057/2024 PENDING ON THE FILE OF ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT HOSKOTE, BENGALURU RURAL DISTRICT OF NANDAGUDI P.S. BENGALURU CITY, REGISTERED FOR AN OFFENCE P/U/S 103, 126(2), 189(2), 190, 191(2), 191(3), 351(3), 61(2), 45 OF THE BNS ACT. IN CRL.P NO. 955/2025 BETWEEN: 1. SRI. ILLU KHAN S/O AFROZ KHAN AGED ABOUT 30 YEARS, RESIDING AT BYLANARASAPURA VILLAGE, HOSKOTE TALUK, NANDAGUDI HOBALI, BENGALURU - 562 122. 2. SRI. ABRAR KHAN S/O AFROZ KHAN AGED ABOUT 35 YEARS, RESIDING AT BYLANARASAPURA VILLAGE, NANDAGUDI HOBALI, HOSKOTE TALUQ, BENGALURU - 562 122. ...PETITIONERS (BY SRI. TONY SEBASTIAN, SR. COUNSEL FOR MS. MELANIE SEBASTIAN, ADVOCATE) AND: STATE OF KARNATAKA BY NANDAGODI POLICE STATION HOSAKOTE TALUK BENGALURU DISTRICT - 560 001 - 3 - NC: 2025:KHC:10495 CRL.P No. 1688 of 2025 C/W CRL.P No. 955 of 2025 REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU. ...RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ORDER THE RELEASE OF THE PETITIONERS ON BAIL IN CC.NO.7057/2024 IN CR.NO.145/2024 OF NANDAGUDI P.S. BENGALURU CITY PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.Dn) AND JMFC COURT, HOSKOTE, BENGALURU RURAL DISTRICT REGISTERED FOR THE NANDAGUDI POLICE STATION OFFENCES U/S 103, 126(2), 189(2), 190, 191(2), 191(3) AND 351(3), 61(2), 45 OF THE BNS ACT. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.3, 6 and 7 in Crime No.145/2024 registered by Nandagodi Police Station, Bengaluru for offences punishable under Sections 103, 126(2), 189(2), 190, 191(2), 191(3), 351(3), 61(2) and 45 of BNS 2023 - 4 - NC: 2025:KHC:10495 CRL.P No. 1688 of 2025 C/W CRL.P No. 955 of 2025 are before this Court in these two petitions filed under Section 483 of BNSS 2023 seeking regular Bail. 2. Heard learned counsel for the parties. 3. FIR in crime No.145/2024 was registered by Nandagodi Police Station, Bengaluru initially for the offences punishable under Sections 103, 126(2), 189(2), 190, 191(2), 191(3), 351(3) of BNS 2023 against Mahaboob Khan and others, based on the first information report dated 08.07.2024 submitted by Afreed Khan s/o deceased Afak Khan. Petitioners herein were arrayed as accused Nos.3, 6 and 7 in the FIR. During the course of investigation, accused No.3 was arrested on 19.09.2024 and accused Nos.6 and 7 were arrested on 11.07.2024. Investigation in the case is completed and charge sheet has been filed against 7 accused persons and petitioners herein are arrayed as accused Nos.3, 6 and 7 in the charge sheet, their bail application filed before the Jurisdictional Sessions Court in Crl.Misc.No.92/2025 and - 5 - NC: 2025:KHC:10495 CRL.P No. 1688 of 2025 C/W CRL.P No. 955 of 2025 Crl.Misc.No.2807/2024 were rejected, therefore they are before this Court. 4. Learned Senior counsel for the petitioners submits that in the first information, which was submitted by Afreed Khan s/o deceased Afak Khan, who is the alleged eye witness to the incident in question, he had made specific allegations of overt act against accused Nos.1 to 3 only and no specific allegation of overt act is found against the accused Nos.6 and 7. It is only in the further statement of first informant(CW1), which was recorded on 10.07.2024, he has made specific allegations of overt act against accused Nos.1, 3, 6 and 7. 5. Learned Senior counsel further submits that CW5 has stated about an incident, which had taken place immediately prior to the incident in question, in which the deceased had assaulted CW10, who is the son of accused No.4. It is only thereafter the alleged incident in question had taken place. The petitioners do not have any criminal antecedents. Accused Nos.2 and 5 have been granted - 6 - NC: 2025:KHC:10495 CRL.P No. 1688 of 2025 C/W CRL.P No. 955 of 2025 regular bail by this Court in Crl.P.No.12103/2024 and accused No.4 has been granted anticipatory bail by this Court in Crl.P.No.12096/2024. Accordingly prays to allow the petitions. 6. Pet contra, learned HCGP has strongly opposed the petitions. She submits that there are eye witnesses to the incident in question, deceased was assaulted with deadly weapons by accused Nos.1, 3, 6 and 7 and deceased has suffered multiple injuries all over his body. Since, there are specific allegations of assault as against accused Nos.3, 6 and 7 along with accused No.1, merely for the reasons that accused Nos.2, 4 and 5 have been enlarged on bail, the ground of parity cannot be extended to the petitioners. Accordingly prays to dismiss the petitions. 7. First informant in the present case is the son of deceased Afak Khan and in the first information, which was submitted by him immediately after the alleged incident that had taken place at about 21:30 hours on - 7 - NC: 2025:KHC:10495 CRL.P No. 1688 of 2025 C/W CRL.P No. 955 of 2025 07.07.2024, he has made specific allegation of assaulting his father with deadly weapons only as against accused Nos.1 to 3. He has stated that other accused persons who were along with accused Nos.1 to 3 also assaulted his father but no specific allegations are found as against any one of the named accused in the FIR, except accused Nos.1 to 3. It is only in the further statement of first informant(CW1), which was recorded on 10.07.2024, for the first time he has made allegation against accused Nos.6 and 7 alleging that they had assaulted his father with deadly weapons. CW5, who is an independent witness has spoken about the incident, which had taken place immediately prior to the incident in question, wherein, deceased had stopped the car in which CW10 and CW11 were traveling and had assaulted CW10. CW10 and CW11 have also spoken about the said incident, CW10 is said to be the son of accused No.4. 8. It appears that only after CW10 called his father/accused No.4 and informed about the assault made - 8 - NC: 2025:KHC:10495 CRL.P No. 1688 of 2025 C/W CRL.P No. 955 of 2025 on him, the accused persons went to the spot and assaulted deceased with deadly weapons. 9. Accused Nos.6 and 7 are named in the FIR, but no specific allegations were made against them. Accused Nos.2 and 5 have been granted regular bail by this Court in Crl.P.No.12103/2024. As against accused No.2 there is a specific allegation in the first information about he assaulting deceased with deadly weapons but in the further statement of CW1, he had given up the said allegation. It is only because of his inconsistency, accused Nos.2 and 5 have been granted regular bail in Crl.P.No.12103/2024. Accused No.4 has been granted anticipatory bail in Crl.P.No.12096/2024. Undisputedly, accused Nos.6 and 7 do not have any criminal antecedents. However, as against accused No.3, allegations are consistent in the first information as well as in the further statement of CW1 and therefore, I am of the opinion that accused No.3 cannot be granted bail at his stage and in view of the inconsistency in the statement of - 9 - NC: 2025:KHC:10495 CRL.P No. 1688 of 2025 C/W CRL.P No. 955 of 2025 CW1, the relief which was extended to accused No.2 can be extended even as against accused Nos.6 and 7, accordingly following: ORDER i. Crl.P.No.1688/2025 is dismissed. ii. Crl.P.No.955/2025 is allowed. iii. The petitioners/accused Nos.6 and 7 are directed to be enlarged on bail in Crime No.145/2024 of Nandagodi Police Station registered for the offences punishable under Sections 103, 126(2), 189(2), 190, 191(2), 191(3), 351(3), 61(2) and 45 of BNS 2023, subject to the following conditions: a) Petitioners/accused Nos.6 and 7 shall execute personal bond for a sum of Rs.1,00,000/- with two sureties each for the likesum, to the satisfaction of the jurisdictional Court; b) Petitioners/accused Nos.6 and 7 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; - 10 - NC: 2025:KHC:10495 CRL.P No. 1688 of 2025 C/W CRL.P No. 955 of 2025 c) Petitioners/accused Nos.6 and 7 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioners/accused Nos.6 and 7 shall not involve in similar offences in future; e) Petitioners/accused Nos.6 and 7 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE AT List No.: 1 Sl No.: 45 CT: BHK