- 1 - HC-KAR NC: 2025:KHC:32834 CRL.P No. 10590 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10590 OF 2025 BETWEEN: SYED PARVEEZ S/O SYED GAFFAR AGED ABOUT 33 YEARS, R/AT NO4, 4TH CROSS, RAHAMATHNAGAR, R.T.NAGAR POST BANGALORE 560 032. …PETITIONER (BY SRI. SUNIL KUMAR T. R, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER, RT NAGAR POLICE STATION, BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE 560001 …RESPONDENT (MS. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER WHO IS ACCUSED NO.1 IN C.C.NO.12741/2025 ON THE FILE OF THE LRD VIII ADDL. CHM, BENGALURU ARISING FROM CR.NO.16/2025 OF R.T NAGAR POLICE STATION, BENGALURU FOR THE OFFENCES P/U/S 61(2), 140(1), 3(5) AND 103 OF THE BNS,2023 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32834 CRL.P No. 10590 of 2025 ORAL ORDER Petitioner/accused No.1 has preferred this petition under Section 483 of BNSS 2023, to enlarge him on bail in Crime No.16/2025 of R.T. Nagar Police Station, Bengaluru. 2. FIR is registered against the petitioner and others for the offence punishable under Section 109, 126(2), 3(5) of the BNS 2023. Victim by name Syed Salman, succumbed to the injuries sustained by him in the incident. Hence, Section 103 of BNS 2023 was incorporated. On completion of investigation, charge sheet was filed against accused Nos.1 to 8 for the offence punishable under Section 61(2), 140 (1), 3(5) and 103 of BNS 2023. 3. Learned counsel for the petitioner contends that specific allegation of assaulting the deceased is attributed against accused Nos.2, 4 and 5, as per charge sheet and accused Nos.4 and 5 have been enlarged on bail and even accused Nos. 3, 7 and 8 are also granted bail, hence, petitioner is entitled for bail, on the principle of parity. He contends that there are no eyewitnesses to the incident - 3 - HC-KAR NC: 2025:KHC:32834 CRL.P No. 10590 of 2025 and petitioner has been arraigned as accused in the FIR, on suspicion. Further, in the statement of the complainant recorded by the police as well as by the learned Magistrate under Section 183 of BNSS, 2023, he has not named any of the accused, on the other hand stated that some unknown person informed him about the incident and therefore, the say of the prosecution that it was CW.2, who informed him about the incident cannot be believed. He contended that the petitioner has no criminal antecedents, he is in custody since 23.01.2025 and therefore, he may be enlarged on bail by imposing any conditions. 4. Prayer for bail is opposed by the State. The learned Addl. SPP contends that the petitioner is the main accused, who picked up quarrel with the deceased and assaulted him along with other accused persons. The statement of CW.2 shows that when he enquired the victim, he named the petitioner as the one who initially assaulted him. She contended that the petitioner does not - 4 - HC-KAR NC: 2025:KHC:32834 CRL.P No. 10590 of 2025 stand on the same footing as other accused who are granted bail, since their names are not in the FIR, whereas the name of the petitioner is in the FIR. Therefore, contended that the petitioner is not entitled for the relief of bail. Further, if he is released, there are chances of tampering the material witnesses, in such an event, the prosecution case will be hampered. She has therefore sought to reject the petition. 5. CW.2 is the material witness. His statement reveal that on receiving the information about the accused assaulting the deceased, he went in search of him. On the way he met the petitioner herein, who informed that they have assaulted the deceased and left him on the road near the graveyard. Therefore, he went in search of him and saw him struggling for life in the auto rickshaw. When he enquired with him, he narrated the incident. 6. As per Post mortem Report, the victim has sustained 33 injuries. Death is due to head injury sustained. - 5 - HC-KAR NC: 2025:KHC:32834 CRL.P No. 10590 of 2025 7. No doubt, in the charge sheet, it is stated that inside the auto accused Nos. 2, 4 and 5 fisted the deceased on his face, abdomen and head and hit his head to the iron rod of the auto rickshaw. However, grant of bail to accused nos. 4 and 5 against whom overt acts are there, is not a ground to enlarge the petitioner on bail, since the said accused are not named in the FIR, whereas the name of the petitioner finds a place in the FIR. The petitioner is therefore not entitled for bail on the ground of parity. If he is released on bail, there is likelihood of tampering the material witnesses including CW2. 8. Considering the nature and gravity of the offence, petitioner/accused No.1 is not entitled for bail. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE BS,LDC List No.: 1 Sl No.: 21