- 1 - NC: 2025:KHC:11978 CRL.P No. 2942 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2942 OF 2025 BETWEEN: SHAKEEL AHAMED @ SHAKEEL S/O SHABBIR AHAMED AGED ABOUT 23 YEARS DRIVER, R/O GOWDARAHALLI VILLAGE, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT PIN - 577 301. …PETITIONER (BY SRI SHARATH J.M, ADV.) AND: STATE OF KARNATAKA BY BHADRAVATHI RURAL POLICE STATION, REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA AT BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE HIM ON BAIL, WHO IS ACCUSED NO.8 IN CRIME NO. 253/2023 (S.C NO. 5012/2024) REGISTERED BY RESPONDENT BHADRAVATHI RURAL POLICE STATION, NOW PENDING ON HONBLE IV ADDL.DISTRICT AND SESSIONS JUDGE , SHIVAMOGGA SITTING AT BHADRAVATHI FOR THE O/P/U/S 143, 144, 146, 147, 148, 120, 201, 302, 149 OF IPC, 1860 AND SECTION 25(1-A) OF ARMS ACT, 1959 IN RESPECT OF PETITIONER. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11978 CRL.P No. 2942 of 2025 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.8 in SC No.5012/2024 pending before the Court of IV Addl. District and Sessions Judge, Shivamogga sitting at Bhadravathi, arising out of Crime No.253/2023 was registered by Bhadravathi Rural Police Station, Shivamogga, for the offences punishable under Sections 143, 144, 146, 147, 148, 120, 201, 302 and 149 of IPC and Section 25(1-a) of Arms Act, 1959, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.253/2023 was registered by Bhadravathi Rural Police Station, Shivamogga, initially for the offences punishable under Sections 143, 144, 146, 147, 148, 302 and 149 of IPC, against Samir and others based on the first information dated 21.10.2023 received from Gulnaz Banu, elder sister of deceased Syed Razik. During the course of investigation of the case, petitioner herein was arrested on - 3 - NC: 2025:KHC:11978 CRL.P No. 2942 of 2025 02.01.2024 and subsequently, remanded to judicial custody. After completing investigation, charge sheet is filed against eight persons and petitioner is arraigned as accused No.8 in the charge sheet. Bail application filed by him before the Trial Court in S.C.No.5102/2024 was rejected on 27.02.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner had approached this Court earlier in Crl.P.No.2660/2024 which was dismissed on 29.05.2024 with liberty to the petitioner to renew his bail application after examination of CW2 and CW3 is completed before the Trial Court. He submits that CW3, who is examined as PW2, has completely turned hostile to the case of the prosecution and CW2, who is examined as PW3, has partially supported the case of the prosecution. Petitioner's name is not found in the FIR and only allegation against him in the charge sheet is about conspiracy. He has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. - 4 - NC: 2025:KHC:11978 CRL.P No. 2942 of 2025 6. A perusal of the first information submitted by sister of the deceased Syed Razik would go to show that petitioner's name is not found in the FIR. During the course of investigation, he was arrested and he was arraigned as accused No.8 in the charge sheet. There are no specific allegations of overt act against him in the charge sheet and allegation against the petitioner is about conspiracy to commit the murder of deceased Syed Razik and in furtherance of such conspiracy, accused Nos.3 and petitioner allegedly had invited the deceased to the spot of crime. However, there is no allegation as against petitioner herein about he assaulting the deceased and causing injuries to him. CW2 and CW3 are the alleged eye witnesses to the incident in question. CW3 (PW2) has not supported the case of the prosecution while CW2 (PW3) has partially supported the case of the prosecution. Undisputedly, petitioner has no other criminal antecedents. He is in custody for the last more than one year. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- - 5 - NC: 2025:KHC:11978 CRL.P No. 2942 of 2025 7. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.5012/2024 pending before the Court of IV Addl. District and Sessions Judge, Shivamogga sitting at Bhadravathi, arising out of Crime No.253/2023 was registered by Bhadravathi Rural Police Station, Shivamogga, for the offences punishable under Sections 143, 144, 146, 147, 148, 120, 201, 302 and 149 of IPC and Section 25(1-a) of Arms Act, 1959, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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; - 6 - NC: 2025:KHC:11978 CRL.P No. 2942 of 2025 e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. SD/- (S VISHWAJITH SHETTY) JUDGE DN