- 1 - NC: 2025:KHC:18287 CRL.P No. 7016 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO.7016 OF 2025 BETWEEN: MOHAMMED SHAFIULLA @ RAPSHAN @ RABBU S/O MAHAMMAD RAFIQ, AGED ABOUT 26 YEARS R/AT NEAR HOULIYA MASID SSM CITY, 1ST CROSS, A BLOCK DAVANAGERE- PIN 577001 …PETITIONER (BY SRI.LAKSHMIKANTH K, ADVOCATE) AND: STATE OF KARNATAKA BY BHADRAVATHI RURAL POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA AT BENGALURU - 560001 …RESPONDENT (BY SMT.SOWMYA R, HCGP) THIS CRL.P IS FILED U/SEC.439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO RELEASE HIM ON BAIL, WHO IS ACCUSED NO.7 IN CRIME NO.253/2023 (S.C.NO.5012/2024) REGISTERED BY RESPONDENT BHADRAVATHI RURAL POLICE STATION, NOW PENDING ON IV ADDL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA SITTING AT BHADRAVATHI FOR THE OFFENCE P/U/SEC.143, 144, 146, 147, 148, 120, 201, 302, 149 OF IPC 1860 AND SECTION 25(1-A) OF ARMS ACT, 1959, IN RESPECT OF PETITIONER AND ETC. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18287 CRL.P No. 7016 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL ORDER The petitioner, who is arrayed as accused No.7 in Crime No.253/2023 of the respondent – Police, is before this Court seeking regular bail, for the offences punishable under Sections 143, 144, 146, 147, 148, 120, 201, 302 r/w 149 of Indian Penal Code (for short “IPC”) pending before the IV Additional District and Sessions Judge, Shivamogga sitting at Bhadravathi in S.C.No.5012/2024. 2. The case of the prosecution is that on 21.10.2023 at about 5.00 a.m., early in the morning, a complaint came to be registered by the complainant stating that the complainant is the permanent resident of Shivamogga Tippu Nagar, 7th Cross. After marriage, she is residing at Kagekodamagge Village. On 19.10.2023, her younger brother by name Syed Razik had called her and told her that he wanted to come to her house. She permitted him to come to the house. - 3 - NC: 2025:KHC:18287 CRL.P No. 7016 of 2025 Accordingly, her younger brother went to her house at about 9.30 p.m. Soon after he went there, he asked her as to whether anybody had come to the house in searching of him. She said that some persons had come to the house by asking about him. Further, she learnt that her younger brother had quarreled with the accused near the petrol bunk on trivial issue. She had advised him to go to his native on anticipating further quarrel. Accordingly, on 20.10.2023 at about 9.45 p.m., she had received a phone call from her sister namely Shaheena Parveen stating that accused Nos. 1 to 6 and others have killed Syed Raziq by assaulting him. On receiving the said information, she lodges a complaint against accused Nos. 1 to 6 and another. After completion of investigation, the charge sheet has been submitted. 3. It is the submission of the learned counsel for the petitioner that the entire case is based on the circumstantial evidence. Even though the eye witnesses have turned hostile, keeping the petitioners in judicial custody, purpose would not be served. Therefore the petitioner may be enlarged on bail by imposing suitable conditions. - 4 - NC: 2025:KHC:18287 CRL.P No. 7016 of 2025 4. Per contra, learned High Court Government Pleader vehemently opposed the bail petition and she further submitted that though the overt-act of the petitioner is not forthcoming in the complaint, the fact remains that, he was present at the spot when the incident had occurred. The deceased had sustained 56 injuries on his body. The brutality of murder, had to be seen by seeing the injuries. It is a sensational and sensitive case. The localites have been terrorized by the said incident. Therefore, in the interest of public at large, the bail application of the petitioner has to be rejected. Making such submission, the learned HCGP prays to reject the bail petition. 5. Heard learned counsel for the respective parties. Perused the averments of the charge sheet and also depositions made available along with the petition. 6. On perusal of depositions of P.Ws.1 to 3, it goes to show that they have not supported the case of the prosecution in respect of the incident, which had taken place. As the witnesses have turned hostile and have not supported the case of the prosecution. Therefore, it is appropriate to grant him bail by imposing suitable conditions. - 5 - NC: 2025:KHC:18287 CRL.P No. 7016 of 2025 7. In the light of the observations made above, I proceed to pass the following: ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.253/2023 of the respondent – Police, pending on the file of the IV Additional District and Sessions Judge, Shivamogga sitting at Bhadravathi, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions: a) The petitioner shall appear before the Trial Court on all dates of hearing without fail. b) The petitioner shall not threaten nor tamper the prosecution witnesses. c) The Registry is directed to communicate this order to the Trial Court forthwith. - 6 - NC: 2025:KHC:18287 CRL.P No. 7016 of 2025 In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. SD/- (S RACHAIAH) JUDGE NBM List No.: 1 Sl No.: 62