- 1 - NC: 2025:KHC:15441 CRL.P No. 4112 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4112 OF 2025 BETWEEN: MOHAMMAD AZAM @ AZAM S/O AYAZ PASHA R/AT 11TH BUILDING AGED ABOUT 24 YEARS AMRUTH BADAVANE MYSURU - 570 015. …PETITIONER (BY SRI LETHIF B, ADV.) AND: THE STATE OF KARNATAKA MYSURU SOUTH POLICE STATION D.K DISTRICT, REP. BY SPP 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 OF BNSS) PRAYING TO RELEASE HIM ON BAIL IN CRIME NO.243/2024 (S.C.NO.15/2025) OF MYSURU SOUTH POLICE STATION, MYSURU, FOR THE OFFENCES P/U/S.140, 103, 115(2), 351(3) AND 238 OF BNS ON THE FILE OF V ADDL. SESSIONS JUDGE, MYSURU. 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:15441 CRL.P No. 4112 of 2025 ORAL ORDER Accused in S.C.No.15/2025 pending before the Court of V Addl. District and Sessions Judge, Mysuru arising out of Crime No.243/2024 registered by Mysuru South Police Station, Mysuru District for the offence punishable under Sections 140, 103, 115(2), 351(3) and 238 of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.243/2024 was registered by Mysuru South Police Station, Mysuru District initially for the offences punishable under Sections 115(2) & 103 of BNS, 2023 against the petitioner herein, on the basis of first information dated 27.09.2024 received from Sri Irfan Khan, who is the brother of deceased. During the course of investigation, the petitioner herein was arrested and remanded to judicial custody on 27.09.2024. Investigation - 3 - NC: 2025:KHC:15441 CRL.P No. 4112 of 2025 in the case is complete and charge sheet has been filed against the petitioner for the aforesaid offences. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in S.C.No.15/2025 was dismissed on 11.02.2025. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner submits that the petitioner is an youngster, aged about 24 years having no criminal antecedents. Though CW.3 is said to be an eye witness, his statement is belatedly recorded. Other witnesses are all circumstantial witnesses in the present case. The cause of death in the postmortem report of the petitioner is mentioned is death is due Asphyxia as a result of drowning. The allegation in the charge sheet against the petitioner is that he has committed the murder of deceased and pushed him into the water. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition. He submits that CWs.3 to 5 are material charge - 4 - NC: 2025:KHC:15441 CRL.P No. 4112 of 2025 sheet witnesses in the present case. In the event, if the petitioner is released on bail, he is likely to tamper with the material charge sheet witnesses. Accordingly, he prays to dismiss the petition. 7. Perusal of the material on record would go to show that, after deceased Ayub Khan was found missing initially missing complaint was registered in Crime No.240/2024 by Mysuru South Police Station. Subsequently, based on the information given by CWs.3 to 5, the first informant Irfan Khan, who is the brother of Ayub Khan had filed a complaint against the petitioner before the Mysuru South Police Station, based on which FIR in Crime No.243/2024 was registered. During the course of investigation of the case, the petitioner was arrested on 27.09.2024. Investigation of the case is complete and charge sheet is filed. 8. As per charge sheet allegation, accused No.1, deceased and CW.3, who were friends had together consumed alcohol on 25.09.2024 near Varuna channel and - 5 - NC: 2025:KHC:15441 CRL.P No. 4112 of 2025 thereafter accused No.1 had quarreled with deceased on the ground that deceased had demanded repayment of money borrowed by the petitioner from him. As per charge sheet allegation, the petitioner after quarreling with deceased allegedly assaulted him with hands with an intention to commit his murder and after committing his murder, dead body was thrown to Varuna channel with an intention to destroy evidence. 9. As per postmortem report death of deceased is due to asphyxia as a result of drowning. The postmortem report would also reveal that deceased had consumed alcohol prior to his death. CW.3, who is the alleged eye witness had not revealed about the incident to anybody immediately after incident and it is only after dead body was found on 27.09.2024, for the first time he had revealed about the incident to the first informant. The statement of CW3 has been recorded on 30.09.2024, which is after a period of five days from the date of incident and after period of three days of registration of - 6 - NC: 2025:KHC:15441 CRL.P No. 4112 of 2025 FIR. Undisputedly, the petitioner has no criminal antecedents. 10. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 11. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.15/2025 pending before the Court of V Addl. District and Sessions Judge, Mysuru arising out of Crime No.243/2024 registered by Mysuru South Police Station, Mysuru District for the offences punishable under Sections 140, 103, 115(2), 351(3) and 238 of BNS, 2023, 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 - 7 - NC: 2025:KHC:15441 CRL.P No. 4112 of 2025 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