- 1 - HC-KAR NC: 2025:KHC:20971 CRL.P No. 7412 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7412 OF 2025 BETWEEN: KURRAM @ KHARAM S/O LATE SHEIK SHAMSHUDDIN AGED ABOUT 55 YEARS R/AT 6TH CROSS, P H COLONY TUMAKURU CITY - 5 72 101 …PETITIONER (BY SRI. TAHIR.,ADVOCATE) AND: STATE BY TUMAKURU RURAL PS REP BY STATE PUBLIC PROSECUTOR OFFICE AT ADVOCATE GENERAL HIGH COURT COMPLEX OPP TO VIDHANA SOUDHA BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) THE CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN CR.NO.89/2025 FOR THE ALLEGED OFENCE P/U/S. 304(2) OF IPC TUMAKURU RURAL PS NOW PENDING BEFORE THE HONBLE I ADDL. CIVIL JUDGE AND JMFC COURT AT TUMAKURU, PETITIONER ARRAYED AS ACCUSED NO.1 AND ETC. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20971 CRL.P No. 7412 of 2025 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 No.1 in Crime No.89/2025 registered by Tumakuru Rural Police Station, for the offences punishable under Section 304(ii) of IPC, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. F.I.R. in Crime No.89/2025 was registered by Tumakuru Rural Police Station, against the petitioner herein for the aforesaid offences on the basis of first information dated 15.04.2025 received from Mohan who is attached to Tumakuru Rural Police Station. During the course of investigation of the case, the petitioner herein, who is arrayed as accused No.1 in the FIR was arrested on - 3 - HC-KAR NC: 2025:KHC:20971 CRL.P No. 7412 of 2025 17.04.2025 and subsequently remanded to judicial custody. 4. The bail application filed by the petitioner in Crl.Misc.No.577/2025 before the jurisdictional Sessions Court was rejected on 05.05.2025. Therefore, he is before this Court. 5. Perusal of material on record would go to show that petitioner is running a Rehabilitation Center known as Khuram- Nasha-Mukth Bharath. Allegations against the petitioner is that deceased Fairoz Khan was admitted in petitioner's Rehabilitation Center on 16.05.2024. It is further alleged that in the Rehabilitation center, staff of the said center have assaulted the inmates and as a result of assault, Fairoz Khan had suffered grievous injuries and was admitted in a private hospital where he died on 19.05.2024. Thereafter, case in UDR No.22/2024 was registered and during the course of investigation in the said case, post mortem report of Fairoz Khan was issued - 4 - HC-KAR NC: 2025:KHC:20971 CRL.P No. 7412 of 2025 which revealed that death of the Fairoz Khan was due to multiple injuries. It is under these circumstances, FIR was registered against the petitioner and others for the aforesaid offences. Death of Fairoz Khan occurred on 19.05.2024 and post mortem report was issued on 21.05.2024. However, first information was report belatedly submitted in the present case on 15.04.2025. 6. Be that as it may, fact remains that petitioner has no other criminal antecedents of similar nature and he is in custody for the last 60 days. Maximum punishment for the alleged offences is imprisonment for a period of 10 years. There is no allegation in the first information or in the remand application that petitioner had assaulted the deceased in the Rehabilitation center. 7. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. - 5 - HC-KAR NC: 2025:KHC:20971 CRL.P No. 7412 of 2025 8. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.89/2025 registered by Tumakuru Rural Police Station, for the offences punishable under Section 304(ii) of IPC and under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to the following conditions: a) Petitioner 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 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; - 6 - HC-KAR NC: 2025:KHC:20971 CRL.P No. 7412 of 2025 d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE RU List No.: 2 Sl No.: 4