- 1 - HC-KAR NC: 2025:KHC:24686 CRL.P No. 6837 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6837 OF 2025 BETWEEN: 1. AFREED KHAN S/O NAZEER KHAN AGED ABOUT 21 YEARS R/AT 3RD CROSS, NEAR PGR STORE NOORNAGAR, KOLAR - 563 101. 2. ZAMEER PASHA S/O OF PYARE JAAN AGED ABOUT 35 YEARS R/AT 3RD CROSS, NEAR ELAHI MASJID, NOORNAGAR, KOLAR - 563 101. 3. SYED SULTAN S/O SYEDATHAUALLA AGED ABOUT 26 YEARS, R/AT 3RD CROSS, NEAR ELAHI MASJID KOLAR - 563 101. 4. NAZEER KHAN S/O LATE AMIRJAAN, AGED ABOUT 62 YEARS, R/AT 3RD CROSS, NEAR PGR STORE NOORNAGAR, KOLAR - 563 101. …PETITIONERS (BY SRI. MOHAMMED TAHIR, ADVOCATE FOR SRI. SYED MUJAHID PASHA, ADVOCATE) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24686 CRL.P No. 6837 of 2025 AND: STATE BY GULPET POLICE STATION KOLAR REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO GRANT REGULAR BAIL FOR THE PETITIONER IN S.C.NO.90/2025 ARISING OUT OF CR.NO.2/2025 REGISTERED WITH THE RESPONDENT KOLAR GULPET POLICE FOR THE ALLEGED OFFENCE PU/S/.103, 115(2), 118(1) R/W SEC.3(5) OF BNS AND THIS PETITIONERS ARE ARRAYED AS ACCUSED NO.1 TO 4 PENDING ON THE FILES OF THE II ADDL. DISTRICT AND SESSIONS JUDGE AT KOLAR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 to 4 in Crime No.2/2025 registered by Gulpet Police Station, Kolar District for the offence punishable under Section 103, 115(2), 118(1) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 are before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. - 3 - HC-KAR NC: 2025:KHC:24686 CRL.P No. 6837 of 2025 2. Heard the learned counsel for the parties. 3. FIR in Crime No.2/2025 was registered by Gulpet Police Station, Kolar District against the petitioners herein for the aforesaid offences, on the basis of the first information dated 05.01.2025 received from Hamza A. V., father of the deceased. 4. During the course of investigation of the case, petitioners herein were arrested on 06.01.2025 and subsequently, remanded to judicial custody. After completing the investigation, charge sheet has been filed against the petitioners for the aforesaid offences. Bail application filed by the petitioners before the jurisdictional Sessions Court in Crl.Misc.No.288/2025 was rejected on 17.04.2025. Thereafter, petitioners are before this Court. 5. Perusal of the material on record would go to show that deceased was married to C.W.2 – Zabeena Taj and from the said wedlock; the couple have a boy child. It appears that C.W.2 was a kidney patient and C.W.3 – - 4 - HC-KAR NC: 2025:KHC:24686 CRL.P No. 6837 of 2025 Simran used to visit the house of C.W.2 for helping her in her household work. Deceased – Usman A.V. allegedly had developed intimacy with C.W.3 and therefore, relatives of C.W.3 had warned Usman. 6. On 04.01.2025, Usman had gone near the house of C.W.3 at about 10.50 p.m. along with his friend - C.W.5 – Darshan and had called her out. C.W.4 who is the mother of C.W.3, had raised a cry and therefore, accused persons who are the relatives of C.W.3 and 4 residing in the adjacent houses, came out of their houses and confronted Usman and thereafter, assaulted him with their hands and legs. Injured - Usman allegedly tried to run away from the spot and at that time, accused No.2 had assaulted him on his back with a wooden club and accused No.3 had assaulted him with a stone which was lying on the road side. Injured - Usman was subsequently shifted to the hospital by his friend-C.W.5 – Darshan and in the hospital, he was declared dead. - 5 - HC-KAR NC: 2025:KHC:24686 CRL.P No. 6837 of 2025 7. It is in this background, FIR was registered against the petitioners. Petitioners who have no other criminal antecedents were arrested in the present case on 06.01.2025 and they are in the custody for more than six months. Investigation of the case is completed and charge sheet has been filed. 8. Final opinion received from the Forensic Medical Specialist about the cause of death of the deceased would go to show that, after perusal of the post mortem report, Chemical Analysis report, Histopathology report and history given by the police, final opinion was given that death was due to shock as a result of Atherosclerotic Coronary Artery Disease of Heart. 9. Considering the aforesaid aspects of the matter, I am of the view that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively without expressing any opinion on the merits and demerits of the case. Accordingly, the following:- - 6 - HC-KAR NC: 2025:KHC:24686 CRL.P No. 6837 of 2025 ORDER The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.2/2025 registered in Gulpet Police Station, Kolar District, Bengaluru for the offence punishable under Sections 103, 115(2), 118(1) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 7 - HC-KAR NC: 2025:KHC:24686 CRL.P No. 6837 of 2025 d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them are disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KAV List No.: 1 Sl No.: 58 CT: BHK