Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14518 CRL.P No. 11224 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11224 OF 2024 BETWEEN:
MOHAMMAD DILKUSH ANSARI S/O MOHAMMAD ASIB ANSARI AGED ABOUT 20 YEARS R/AT NO.52, UNIT NO.4 ALPHINES FABRICATION DEVARCHIKANHALLI MAIN ROAD B G CROSS, BENGALURU PERMANENT R/AT CHOTTALALPUR PALAMIA POKRA, VARANASI UTTAR PRADESH. …PETITIONER (BY SRI RAKSHITH R, ADV.) AND:
STATE OF KARNATAKA BY BEGUR POLICE STATION REP BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.476/2023 OF BEGUR P.S. PENDING ON THE FILE OF LXVI ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN S.C.NO.585/2024 FOR THE OFFENCE P/U/S 201,302 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NANDINI MS Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14518 CRL.P No. 11224 of 2024
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused in S.C.No.585/2024 pending before the Court of LXVI Addl. City Civil & Sessions Judge, Bengaluru City, arising out of Crime No.476/2023 registered by Begur Police Station, Bengaluru City, for the offences punishable under Sections 302 & 201 IPC is before this Court under Section 439 of Cr.PC seeking regular bail.
2. Heard the learned Counsel for the parties.
3. FIR in Crime No.476/2023 was registered by Begur Police Station, Bengaluru City, for the aforesaid offences against unknown person based on the first information dated 04.12.2025 received from Nadim who is the distant relative of deceased Gulfam. During the course of investigation, petitioner herein was arrested on 25.12.2023. After completing the investigation, charge sheet has been filed for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.6363/2024 was rejected on
20.09.2024. Therefore, he is before this Court.
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NC: 2025:KHC:14518 CRL.P No. 11224 of 2024
4.
Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that the entire case of the prosecution is based on circumstantial evidence. Petitioner has no criminal antecedents. He is an youngster aged about 20 years. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition does not dispute the submissions made by the learned Counsel for the petitioner. 6. Perusal of the material on record would go to show that the entire case of the prosecution is based on circumstantial evidence. As per the charge sheet allegations, deceased was found missing from 18.12.2023, but his dead body was found on 21.12.2023, and thereafter, FIR in Crime No.476/2023 was registered by Begur Police Station against unknown persons. However, till then no missing complaint was lodged by any of the relatives of deceased Gulfam. Petitioner who was allegedly working with deceased Gulfam was subsequently arrested on 25.12.2023 and ever since then, he is in custody. Trial in the case is yet to commence. Petitioner is aged about 20 years and he has no other criminal antecedents. Continued detention of
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NC: 2025:KHC:14518 CRL.P No. 11224 of 2024
the petitioner with hardcore criminals is likely to have an adverse impact on his career. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail requires to be answered affirmatively. Accordingly, the following order:
7. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.585/2024 pending before the Court of LXVI Addl.
City Civil & Sessions Judge, Bengaluru City, arising out of Crime No.476/2023 registered by Begur Police Station, Bengaluru City, for the offences punishable under Sections 302 & 201 IPC, subject to the following conditions: a) Petitioner 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) 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;
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NC: 2025:KHC:14518 CRL.P No. 11224 of 2024
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE
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