- 1 - NC: 2025:KHC:17437 CRL.P No. 4768 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4768 OF 2025 BETWEEN: SYED KASHIFF @ KASHIFF S/O SYED ARIF, AGED ABOUT 24 YEARS, R/AT #33/1, SIRSI ROAD, NEAR GANESHA TEMPLE, CHAMARAJPETE BANGALORE, KARNATAKA - 560 018 …PETITIONER (BY SRI. AVINASH P., ADVOCATE) AND: THE STATE OF KARNATAKA BY BASAVANGUDI POLICE STATION, BENGALURU, REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 01 …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO ENLARGE THE ACCUSED NO.5 ON BAIL IN CR.NO.199/2023 OF BASAVANGUDI POLICE STATION WHICH IS PENDING IN SC.NO.36/2024 BEFORE THE COURT OF THE PRL. CITY CIVIL AND SESSIONS JUDGE (CCH-57) FOR OFFENCES U/S.302, 120-B, 109, 427 R/W 34 OF THE IPC. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17437 CRL.P No. 4768 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.5 in S.C.No.36/2024 pending before the Court of Principal City Civil and Sessions Judge, Bengaluru (CCH-57) arising out of Crime No.199/2023 registered by Basavangudi Police Station, Bengaluru for offences punishable under Sections 302, 120B, 109, 427 read with Section 34 of the Indian Penal Code (for short, 'IPC') is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.199/2023 was registered by Basavangudi Police Station, Bengaluru, against Mosin and others initially for offence punishable under Section 302 read with Section 34 of IPC on the basis of the first information dated 22.09.2023 received from Alla Bakash, who is the father of the deceased-Arbaz Ahamed. 4. During the course of investigation of the case, petitioner herein was arrested on 25.09.2023 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been filed - 3 - NC: 2025:KHC:17437 CRL.P No. 4768 of 2025 against four persons. Petitioner is arrayed as accused No.5 in the charge sheet. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Mis.No.1228/2025 was rejected on 03.03.2025. Thereafter, the petitioner is before this Court. 5. Perusal of the material on record would go to show that petitioner's name is not found in the FIR. FIR has been registered against Mosin and others. During the course of investigation, four persons were arrested and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against the four arrested accused persons. Accused No.1 in the FIR has been dropped in the charge sheet. As per the charge sheet allegations petitioner and deceased had ill-will against each other and in this background, deceased had assaulted the petitioner on 19.09.2023. Petitioner who was admitted in the hospital was discharged from the hospital on 21.09.2023 and thereafter, accused Nos. 2 to 4 met the petitioner and they allegedly conspired to commit the murder of deceased. It is in this background, on 22.09.2023 accused Nos. 2 to 4 after coming to know that the petitioner was in his house, had gone to his house and had - 4 - NC: 2025:KHC:17437 CRL.P No. 4768 of 2025 assaulted him with deadly weapons and committed his murder. Undisputedly, petitioner was not at the spot of crime when accused Nos. 2 to 4 assaulted the deceased and committed his murder. The allegations against the petitioner is about conspiring with accused Nos. 2 to 4 to commit the murder of deceased and also about instigating them. 6. Learned counsel for the petitioner submits that, in all the earlier cases registered against the petitioner he has been acquitted and no criminal case is pending as against him as on this date. This submission made by the learned counsel for the petitioner is not disputed by learned High Court Government Pleader. Petitioner is in custody from 25.09.2023. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.199/2023 registered by Basavangudi Police Station, - 5 - NC: 2025:KHC:17437 CRL.P No. 4768 of 2025 Bengaluru for offences punishable under Sections 302, 120B, 109, 427 read with Section 34 of IPC, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties each (of which, one should be local surety) 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; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV