- 1 - NC: 2025:KHC:15426 CRL.P No. 3844 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No. 3844 OF 2025 BETWEEN: SHABAZ BAIG S/O SHADHIL BAIG AGED ABOUT 21 YEARS R/AT No.15/1, 7TH CROSS BEHIND MADEENA MASJID SHANTHINAGARA MYSURU DISTRICT - 570 019. …PETITIONER (BY SRI JAGADEESH C M, ADVOCATE) AND: STATE BY UDAYAGIRI POLICE MYSURU REPRESENTED BY: STATE PUBLIC PROSECUTOR STATE OF KARNATAKA HIGH COURT BUILDING BENGALURU- 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN CR.No.104/2024 OF TALAKAD POLICE, MYSURU DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTION 302, 34 OF IPC IN CR.No.84/2024 OF UDAYAGIRI POLICE, MYSURU DISTRICT, PENDING BEFORE THE HONBLE II ADDL. CIVIL JUDGE (JR.DN.) AND JMFC AT MYSURU AND ETC., Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15426 CRL.P No. 3844 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. 1 in crime No. 84/2024 of registered by Udayagiri Police Station, Mysuru, for offence punishable under Sections 302, 504 read with Section 34 of IPC is before this Court under Section 439 of Cr.P.C. seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in crime No. 84/2024 was registered by Udayagiri Police Station initially for offence under Section 302 read with Section 34 of IPC against the petitioner herein and others based on the first information dated 31.05.2024 received from Javeed Khan father of deceased Arbaz Khan. During the course of investigation of the case petitioner herein was arraigned as accused No. 1 in the FIR and was arrested on 07.06.2024. After completing investigation charge sheet has been filed against 4 - 3 - NC: 2025:KHC:15426 CRL.P No. 3844 of 2025 persons. Petitioner is arraigned as accused No. 1 in the charge sheet. His bail application filed before the jurisdictional Sessions Judge in Crl.Misc. No. 1964/2024 was rejected on 10.12.2024. Therefore, he is before this Court. 4. Learned counsel for petitioner submits that the petitioner is youngster aged about 21 years having no criminal antecedent. The deceased was the aggressor in the incident which had taken place on 30.05.2024 and petitioner has also suffered grievous injury on his left hand for which he was admitted in a hospital. There is a case and counter case registered in respect of the incident in question. Accordingly prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition on the ground that C.W.14 to C.W.16 who are the eye witnesses to the incident in question have made specific allegation against the petitioner. Death is as a result of assault made by the petitioner with a sharp - 4 - NC: 2025:KHC:15426 CRL.P No. 3844 of 2025 object on the neck of the deceased. Accordingly, prays to dismiss the petition. 6. A perusal of the material on record would indicate that the incident had taken place on 30.05.2024. A case and counter case has been registered by the Udayagiri Police Station in crime No. 84/2024 and crime No. 86/2024. A reading of the first information in both the cases would go to show that prior to the incident in question which had taken place at about 22.30 hours on 30.05.2022, at about 21.30 hours, the petitioner and the deceased had quarreled with each other. Petitioner is the first informant in crime No. 86/2024. According to him, at about 21.30 hours on 30.05.2024, for no reason the deceased who came with his friend in a motorbike had assaulted him on his face. Thereafter, his relatives came to the spot and in the incident in question that took place at about 22.30 hours the petitioner had suffered grievous injury on his left hand as a result of the assault made by - 5 - NC: 2025:KHC:15426 CRL.P No. 3844 of 2025 Mohammad Jyde who was along with Arbaz Khan, with a dragger knife. 7. First information in crime No. 84/2024 is submitted by the father of the deceased Arbaz Khan. In the first information submitted by the father of the deceased Arbaz Khan he has stated that he was informed that petitioners and others had assaulted Arbaz Khan at about 22.30 hours and as a result of the same Arbaz Khan had suffered injuries and was taken to the hospital. 8. Admittedly first informant was not an eye witness to the incident that had taken place on 30.05.2024. C.W.14 to C.W.16 who are the alleged eye witnesses to the incident in question have not stated anything about the injuries suffered by the petitioner in the incident in question. Further, the accused in crime No. 84/2024 are strangers to the eye witnesses. Petitioner who has no criminal antecedent is in custody from 07.06.2024. Investigation of the case is completed and charge sheet has been filed. All the other accused in the - 6 - NC: 2025:KHC:15426 CRL.P No. 3844 of 2025 present case have been enlarged on bail. Under these circumstances I am of the opinion that prayer of the petitioner for grant of regular bail requires to be answered in the affirmative without expressing any opinion on the merits or demerits of the case. 9. Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No. 84/2024 of Udayagiri Police Station, Mysuru, registered for the offences punishable under Sections 302, 504 read with Section 34 of IPC subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) 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) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 7 - NC: 2025:KHC:15426 CRL.P No. 3844 of 2025 d) Petitioner shall not involve in similar offences in future; e) 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 LRS List No.: 1 Sl No.: 86