- 1 - NC: 2025:KHC:9017 CRL.P No. 1972 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1972 OF 2025 BETWEEN: MOHAMMED MUSTAFA ABOOBAKAR @ MUSTAFA @ PAPU AGED ABOUT 23 YEARS S/O LATE ABOOBAKAR SIDDIQ R/AT MJM 839, BEHIND BADRIYA MASJID, KASABA BENGRE MANGALURU - 575 001. …PETITIONER (BY SRI KETHAN KUMAR, ADV.) AND: STATE OF KARNATAKA BY THE INSPECTOR OF POLICE MANAGALORE SOUTH POLICE STATION D K DISTRCIT, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE ABOVE CASE IN CONNECTION WITH CR.NO.18/2024 DATED 25.01.2024 REGISTERED BY MANGALURU SOUTH P.S. D.K DISTRICT FOR THE OFFENCE P/U/S 302,201 OF IPC PENDING ON THE III ADDL.DISTRICT AND SESSIONS JUDGE D.K MANGALURU IN S.C.NO.65/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:9017 CRL.P No. 1972 of 2025 ORAL ORDER Accused in S.C.No.65/2024 pending before the Court of III Addl. District & Sessions Judge, D.K, Mangaluru arising out of Crime No.18/2024 registered by Mangalore South Police Station, Mangaluru City for the offences punishable under Sections 302 & 201 of IPC is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.18/2024 was registered by Mangalore South Police Station, Mangaluru City against unknown person initially for the offences punishable under Sections 323, 324 & 307 of IPC, on the basis of first information dated 25.01.2024 received from Basheer M S/o P M Ahammed. During the course of investigation of the case, the petitioner herein was arrested and remanded to judicial custody on 26.01.2024. Investigation in the case is complete and charge sheet has been filed against him for the aforesaid offences. - 3 - NC: 2025:KHC:9017 CRL.P No. 1972 of 2025 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in S.C.No.65/2024 was dismissed on 06.07.2024. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner submits that there is delay of two days in submitting FIR though there are eye witnesses to the incident in question. He submits that in the history given in the hospital while admitting the injured victim there is no mention of assault on him by any person. The petitioner, who has no other criminal antecedents is in custody for last more than one year. The victim is a stranger to the petitioner and he had no motive and ill-will against him. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition. He submits that CWs.1 to 7 are the eye witnesses to the incident in question. In the event the petitioner is enlarged on bail he is likely to tamper with the prosecution witnesses. Accordingly, he prays to dismiss the petition. - 4 - NC: 2025:KHC:9017 CRL.P No. 1972 of 2025 7. FIR in the present case was registered on the basis of first information received on 25.01.2024. The alleged incident had taken place on 23.01.2024 at about 16.00 hours and there is delay of two days in registering FIR. The first informant is allegedly one of the eye witness to the incident in question and in the FIR he has stated that on 23.01.2024 at about 16.00 hours he had seen a stranger assaulting Thangappan, who ran away after seeing him. According to him, immediately he had shifted Thangappan to the hospital. First information was however belatedly submitted by him after two days. In the history given at the hospital while admitting the injured Thangappan there is no mention of assault on him by anybody as stated in the first information, which is belatedly filed after two days. After the first information was registered, the injured Thangappan had died and thereafter offences punishable under Sections 302 & 201 were invoked in the present case. CWs.2 to 7 are the other eye witnesses to the incident in question. Their statement was recorded on 26.01.2024. The petitioner is a - 5 - NC: 2025:KHC:9017 CRL.P No. 1972 of 2025 stranger to CWs.1 to 7. The prosecution has not held test identification parade in order to get the accused person identified by the witnesses, who had seen him assaulting deceased Thangappan. 8. Investigation in the case is completed and charge sheet has been filed. The petitioner, aged about 22 years who has no other criminal antecedents is in custody for the last more than 13 months. The allegation against the petitioner is required to be proved in a full-fledged trial. Under these circumstances, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 9. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in S.C.No.65/2024 pending before the Court of III Addl. District & Sessions Judge, D.K, Mangaluru arising out of Crime No.18/2024 registered by Mangalore South Police Station, Mangaluru City for the offences punishable under - 6 - NC: 2025:KHC:9017 CRL.P No. 1972 of 2025 Sections 302 & 201 of IPC, subject to the following conditions: 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 likesum, to the satisfaction of the jurisdictional Court; 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS