- 1 - HC-KAR NC: 2025:KHC:18419 CRL.P No. 6617 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 6617 OF 2025 BETWEEN: SHABBIR AHMED @ SHABBIR S/O YASEEN SAB AGED ABOUT 45 YEARS, LABOURER R/O GOWDARAHALLI VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT-577 301 …PETITIONER (BY SRI. LAKSHMIKANTH K., ADVOCATE) AND: STATE OF KARNATAKA BY BHADRAVATHI RURAL POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU- 560 001 …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL WHO ACCUSED IS NO.3 IN CR.NO.253/2023 (SC.NO.5012/2024) REGISTERED BY RESPONDENT BHADRAVATHI RURAL P.S., PENDING ON HONBLE IV ADDL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, SITTING AT BHADRAVATHI, FOR THE OFFENCES P/U/S 143,144,146, 147,148, 120, 201, 302,149 OF IPC, 1860, U/S 25(1-A) OF ARMS ACT, 1959. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18419 CRL.P No. 6617 of 2025 CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following relief: " WHEREFORE, the petitioner most humbly prayed that this Hon’ble Court may kindly be pleased to released him on bail, who is accused No.3 in Crime No.253/2023 (S.C.No.5012/2024) registered by respondent Bhadravathi Rural Police Station, no pending on Hon’ble IV Addl. District and Sessions Judge, Shivamogga sitting at Bhadravathi for the offence punishable under Section 143, 144, 144, 146, 147, 148, 120, 201, 302, 149 of IPC, 1860 and Section 25(1-a) of Arms Act, 1959, in respect of petitioner, in the interest of justice." 2. The petitioner is arrayed as accused No.3 in Cr.No.253/2023 registered by Bhadravathi Rural Police Station for the aforesaid offences. 3. The submission of the learned counsel for the petitioner is that accused No.8 has been granted bail by this Court vide order dated 21.03.2025 in Crl.Pet.No.2942/2025 and accused Nos.4 to 7 have been granted bail by the Trial Court vide various orders. - 3 - HC-KAR NC: 2025:KHC:18419 CRL.P No. 6617 of 2025 4. His submission is that the reasoning of this Court vide order dated 21.03.2025 in Crl.Pet.No.2942/2025 would be equally applicable to the present petitioner in as much as omnibus allegations that been made against all the accused including the petitioner herein who is accused No.3. CW2 and 3 have turned hostile and this Court has taken into consideration that there is nothing on record which would implicate the said accused as regard the said offence. 5. I have perused the complaint which has been filed and the chargesheet which has been filed, it appears that the allegations that are made are omnibus allegations and there is no difference in allegations made, it is stated that accused Nos.1 to 8 have all colluded together committed conspiracy to commit the murder of the deceased Syed Rajiq as regard with the CW2 and 3 being the alleged eyewitnesses have turned hostile. - 4 - HC-KAR NC: 2025:KHC:18419 CRL.P No. 6617 of 2025 6. In such circumstances, the petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita is allowed. The petitioner shall be released on bail in connection with Crime No.253/2023 of Bhadravathi Rural Police Station for the offence punishable under Sections 143, 144, 146, 147, 148, 302, 149 of IPC pending on the file of the IV Addl. District and Sessions Judge, Shivamogga Sitting at Bhadravathi, subject to the following conditions: i. The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- with surety for the likesum to the satisfaction of the jurisdictional Court; ii. The petitioner shall appear before the Committal Court on every date of hearing; iii. The petitioner shall co-operate in the conclusion of the trial in the said proceedings. iv. The petitioner shall not threaten or tamper the prosecution witness/s in any manner. - 5 - HC-KAR NC: 2025:KHC:18419 CRL.P No. 6617 of 2025 v. The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered is disposed of. vi. The petitioner shall furnish list of movable and immovable property held by him to the said Court. vii. The petitioner shall furnish his mobile number, WhatsApp number, E-mail ID (if available), to enable him to be contacted. He is directed not to change any of the above until completion of trial. SD/- (SURAJ GOVINDARAJ) JUDGE BN List No.: 2 Sl No.: 45