- 1 - HC-KAR NC: 2025:KHC:52659 CRL.P No. 15520 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15520 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. FAIROZ KHAN S/O BHASHA KHAN AGED ABOUT 39 YEARS DRIVER R/AT NEHRU NAGARA SAGAR CITY – 577 401. SHIVAMOGGA DISTRICT. …PETITIONER (BY SRI NATARAJ DONKENNANAVAR, ADVOCATE FOR SRI PRUTHVI WODEYAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PSI, DODDAPETE POLICE STATION SHIVAMOGGA – 577 201 SHIVAMOGGA DISTRICT. REP. BY S.P.P HIGH COURT BUILDING BENGALURU – 01. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THE CRIMINAL PETITION Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52659 CRL.P No. 15520 of 2025 AND ENLARGE THE PETITIONER ON BAIL ON SUCH TERMS AND CONDITIONS AS DEEMED FIT IN CRIME No.127/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 352, 351(2), 109(1), 103(1) AND 238 OF BNS ACT 2023. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the sole accused under Section 483 of BNSS praying to grant bail in Crime No.127/2025 of Doddapete Police Station, registered for offences punishable under Section 352, 351(2), 109(1), 103(1) and 238 of BNS. 2. Heard learned counsel for petitioner and learned HCGP for respondent-State. 3. Learned counsel for petitioner would contend that victim was under intoxication and in a sudden quarrel under provocation, the alleged incident has taken place. There was no intention or motive on the part of the petitioner to kill the deceased. As the charge sheet is filed, the petitioner is not required for custodial interrogation. - 3 - HC-KAR NC: 2025:KHC:52659 CRL.P No. 15520 of 2025 The petitioner is having old aged parents to look after. With this, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the alleged incident has been witnessed by CW.2 to CW.8 and they are eye witnesses to the incident. There is recovery of knife at the instance of this petitioner. If the petitioner is granted bail, there are chances of threatening the prosecution witnesses and committing similar offence. With this she prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. As per case of the prosecution, the petitioner asked the deceased to get him liquor and when the deceased refused, the petitioner took two knives from his bag and assaulted with him on the neck, shoulder and stomach and back and caused injuries. At that time, CW.2 to CW.4 laughed at the petitioner. He tried to kill them and they ran away. CW.2 to CW.8 are eye witnesses to the - 4 - HC-KAR NC: 2025:KHC:52659 CRL.P No. 15520 of 2025 said incident. The Doctor who conducted P.M. examination over the dead body of the deceased has opined that the cause of death is due to injuries sustained. There is a recovery of knife at the instance of the petitioner and it is found to be blood stained as per FSL report. 7. Considering the above aspects, there is a prima- facie case against the petitioner for offence alleged against him. The offence alleged against him is punishable with death or imprisonment for life. If the petitioner is granted bail, there is a threat to the prosecution. Considering the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 25 Ct.sm