- 1 - HC-KAR NC: 2025:KHC:25166 CRL.P No. 7796 of 2025 C/W CRL.P No. 7769 of 2025 CRL.P No. 8046 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7796 OF 2025 C/W CRIMINAL PETITION NO. 7769 OF 2025 CRIMINAL PETITION NO. 8046 OF 2025 IN CRL.P No. 7796/2025 BETWEEN: IRFAN PASHA S/O. AYAZ PASHA AGED ABOUT 29 YEARS R/AT NO.42, 3RD CROSS, RAHAMATH NAGAR, R.T. NAGARA, BENGALURU-560032 …PETITIONER (BY SRI. MANJUNATH B., ADVOCATE) AND: 1. STATE BY R.T. NAGAR POLICE REP. BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT KARANATAKA COMPLEX, BENGALURU …RESPONDENT (BY SMT. WAHEEDA.M.M., HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE ACCUSED NO.5 IN CC.NO.12741/2025 ARISING OUT OF CR.NO.16/2025, FOR THE Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25166 CRL.P No. 7796 of 2025 C/W CRL.P No. 7769 of 2025 CRL.P No. 8046 of 2025 OFFENCES P/U/S 61(2), 141(1), 3(5), 103 OF BNS, PENDING ON THE FILE OF VIII ACJM, AT BENGALURU. IN CRL.P NO. 7769/2025 BETWEEN: 1. RIZWAN @ BABY S/O AYAZ PASHA AGED 25 YEARS R/AT 42, 5TH MAIN RAHAMATH NAGAR R T NAGAR, BENGALURU -560032 ...PETITIONER (BY SRI. MANJUNATH B., ADVOCATE) AND: 1. STATE BY R T NAGARA POLICE REP BY SPECIAL PUBLIC PROSECUTOR HIGH COURT KARNATAKA COMPLEX BENGALURU ...RESPONDENT (BY SMT. WAHEEDA.M.M., HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE ACCUSED NO.4 IN C.C. NO. 12741/2025 (CR. NO.16/2025) FOR THE OFFENCE PUNISHABLE U/S. 61(2), 141(1), 3(5), 103 OF B.N.S, PENDING ON THE FILE OF VIII ADDL CHIEF JUDICIAL MAGISTRATE, AT BENGALURU. IN CRL.P NO. 8046/2025 BETWEEN: 1. MR. S RIYAZ @ RIYAZ S/O RAHEEM SAB AGED ABOUT 32 YEARS, R/AT NO.4, 1ST 'B' CROSS, - 3 - HC-KAR NC: 2025:KHC:25166 CRL.P No. 7796 of 2025 C/W CRL.P No. 7769 of 2025 CRL.P No. 8046 of 2025 NEAR BILAL MASJID REHAMATH NAGARA, R T NAGAR POST, BENGALURU CITY-560032 (THE ABOVE ADDRESS IS STATED IN THE REMAND APPLICATION) THE CORRECT ADDRESS OF THE PETITIONER IS AS FOLLOWS: S RIYA @ RIYAZ S/O RAHEEM SAB AGED ABOUT 32 YEARS R/AT NO.4, 1ST 'B' CROSS RAHAMATH NAGAR, VTC BANGALORE NORTH R T NAGAR POST BANGALORE NORTH DISTRICT ...PETITIONER (BY SRI. KARI GOWDA HENCHINAMANE FOR SRI MOHAN KUMAR B M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY R T NAGAR POLICE BENGALUR REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE. ...RESPONDENT (BY SMT. WAHEEDA.M.M., HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO PETITIONER WHO IS ARRAYED AS ACCUSED NO.8 IN CRIME NO.16/2025 AND IN CC NO.12741/2025 PENDING ON THE FILE OF THE HONBLE COURT OF VIII ACJM, BENGALURU FOR THE OFFENCES P/U/S 61(2), 140(1), 103 R/W 3(5) OF BNS ACT. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:25166 CRL.P No. 7796 of 2025 C/W CRL.P No. 7769 of 2025 CRL.P No. 8046 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.4, 5 and 8 in Crime No.16/2025 registered by R.T.Nagar Police Station, Bengaluru for offences punishable under Sections 61(2), 140(1), 103 r/w 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 are before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.16/2025 was registered by R.T.Nagar Police Station, Bengaluru for the offences punishable under Sections 109, 126(2) and 3(5) of BSN, 2023 against Syed Farvez and others based on the first information dated 22.01.2025 received from Syed Ghouse S/o. Syed Nazeer, who is the father of deceased Syed Salman. 4. During the course of investigation, accused No.4 was arrested on 21.03.2025, accused No.5 was arrested on 27.01.2025 and accused No.8 was arrested on 10.02.2025. After completing the investigation, charge sheet is now filed against eight persons and petitioners herein are arraigned as - 5 - HC-KAR NC: 2025:KHC:25166 CRL.P No. 7796 of 2025 C/W CRL.P No. 7769 of 2025 CRL.P No. 8046 of 2025 accused Nos.4, 5 and 8 in the chare sheet. Bail applications filed by the petitioners before the Jurisdictional Sessions Court were rejected. Therefore, petitioners are before this Court. 5. Learned counsel for the petitioners submits that petitioners name is not found in the FIR. According to the charge sheet allegation, deceased was acquainted to the accused persons, but he had not mentioned the presence of the petitioners herein to the first informant in the present case. Deceased was allegedly assaulted with hands and legs by the accused and thereafter, accused No.1 allegedly had informed CW.2 about the assault made on the deceased, which would prima facie go to show that accused persons had no intention to commit the murder of the deceased. Petitioners do not have any criminal antecedents. Accordingly, they pray to allow these petitions. 6. Per contra, learned HCGP has opposed the prayer made in the bail application. She submits that all the accused persons have played a role in the crime and even the petitioners have actively participated in the crime and there is - 6 - HC-KAR NC: 2025:KHC:25166 CRL.P No. 7796 of 2025 C/W CRL.P No. 7769 of 2025 CRL.P No. 8046 of 2025 allegation against them about assaulting the deceased. Accordingly, she prays to dismiss the petition. 7. In the FIR, which is submitted by the father of the deceased, he has stated that deceased called him over phone at about 9.00 a.m. on 22.01.2025 and informed him that accused No.1 and others had assaulted him for the reason that he had dashed his auto rickshaw against the father of accused No.1. First informant allegedly had advised his son to go to the police station and lodge a complaint. Subsequently, when the first informant tried to contact his son, he found that his son's phone was switched off and thereafter, he was informed that his son Syed Salman was assaulted by accused No.1 and others and they had left Syed Salman near a cemetery at R.T.Nagar. Immediately, thereafter, first informant had gone to the said place and on enquiry, injured Syed Salman had informed him that accused No.1 and others had assaulted him and thereafter, they left him at the spot. 8. First informant immediately made arrangements to shift injured Syed Salman to the hospital and thereafter, FIR was initially registered against accused No.1-Syed Farvez and - 7 - HC-KAR NC: 2025:KHC:25166 CRL.P No. 7796 of 2025 C/W CRL.P No. 7769 of 2025 CRL.P No. 8046 of 2025 others for the offences punishable under Sections 109, 126(2) and 3(5) of BSN, 2023. Subsequently injured Syed Salman had died in the hospital and therefore, offence punishable under Sections 103 of BNS, 2023 was invoked in the present case. During the course of investigation, petitioners were arrested and remanded to judicial custody. After investigation is completed, charge sheet has been filed against eight persons. In the charge sheet, it is alleged that deceased and accused Nos.1, 2, 4 and 5 had ill-will and they had earlier fought against each other multiple times and deceased had lodged criminal case against them in R.T.Nagar Police Station. 9. On 22.01.2025, auto rickshaw of the deceased had accidentally touched Syed Ghafar, who is the father of accused Nos.1 to 3. It is in this background, accused No.1 and others had assaulted Syed Salman at about 9.00 a.m. on 22.01.2025. In the charge sheet, it is further alleged that as per the advice of the first informant, injured Syed Salman had gone to nearest Police Station at R.T.Nagar to lodge a complaint and accused Nos.1 to 8, who came to now about the same, had gone near the police station and after assaulting Syed Salman, had - 8 - HC-KAR NC: 2025:KHC:25166 CRL.P No. 7796 of 2025 C/W CRL.P No. 7769 of 2025 CRL.P No. 8046 of 2025 forcibly taken him in his auto rickshaw near the cemetery at R.T.Nagar. They had assaulted him with their hands and legs and thereafter, left him near the cemetery. It is further alleged in the charge sheet that accused No.1 allegedly called CW.2, who is the brother of CW.1 and had informed him about the assault made on deceased by him. 10. As per the charge sheet allegation, Syed Salman was acquainted to accused Nos.1, 2, 4 and 5 and he had earlier fought with them and also had registered cases against them. First Information is submitted based on the statement made by Syed Ghouse, who is the father of the deceased-Syed Salman, but Syed Salman had not revealed the name of any other accused persons to his father, except the name of accused No.1. Reading of the averments found in the charge sheet would go to show that Syed Salman was acquainted to other accused persons also. Case of the prosecution is based on circumstantial evidence. Accused persons allegedly had assaulted Syed Salman with their hands and legs and it is also alleged that they had dashed his head to the steel rod inside the auto rickshaw. However, accused persons had not used any - 9 - HC-KAR NC: 2025:KHC:25166 CRL.P No. 7796 of 2025 C/W CRL.P No. 7769 of 2025 CRL.P No. 8046 of 2025 weapons to assault Syed Salman. In addition to the same, after Syed Salman was assaulted, accused No.1 allegedly had called CW.2 and had informed to him about the assault made on Syed Salman and based on such information, the first informant and others had gone to the place where the accused persons had assaulted Syed Salman and had left him inside his auto rickshaw. 11. It is not in dispute that the petitioners who are arraigned as Nos.4, 5 and 8 have no criminal antecedents and their name is not found in the FIR and injured Syed Salman had not mentioned about their presence along with accused No.1, to his father, who is the first informant in the present case. Under the circumstances, prayer made by the petitioners for grant of regular bail is required to be answered in the affirmative. Accordingly, the following: ORDER The petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.16/2025 of R.T.Nagar Police Station, Bengaluru registered for the offences punishable under - 10 - HC-KAR NC: 2025:KHC:25166 CRL.P No. 7796 of 2025 C/W CRL.P No. 7769 of 2025 CRL.P No. 8046 of 2025 Sections 61(2), 140(1), 103 r/w 3(5) of the BNS, 2023, subject to the following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) 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) Petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioners shall not involve in similar offences in future; e) Petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE VM List No.: 1 Sl No.: 53