- 1 - HC-KAR NC: 2025:KHC:42645 CRL.P No. 9143 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 9143 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: MR IFRAN BASHA S/O MASTAN, AGED ABOUT 31 YEARS, R/AT NO.2-35, NEAR JAMIYA MASJID, PEELERU ROAD, USMAN STREET, SADUMU, ANNAMAIAH DISTRICT, ANDHRA PRADESH-516 115. …PETITIONER (BY SRI. NISHAD S A, ADVOCATE) AND: STATE OF KARNATAKA VIDYARANYAPURA POLICE STATION, REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA BUILDING, BENGALURU-560 001 …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.3 ON REGULAR BAIL IN CONNECTION WITH THE ABOVE CRIME NO.215/2022 (C.C.NO.8462/2023) REGISTERED BY VIDYARANYAPURA POLICE STATION BENGALURU FOR THE OFFENCE P/US/ 302, 392, 120-B, 34 OF IPC WHICH IS PENDING ON THE FILE OF THE VII ACJM BENGALURU. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:42645 CRL.P No. 9143 of 2025 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 petitioner -accused No.3 under Section 439 of Cr.P.C/ Section 483 of BNSS praying to grant bail in Crime No.215/2022 of Vidyaranyapura Police Station registered for offences punishable under Sections 302, 392, 120-B read with Section 34 of IPC pending in C.C.No.8462/2023 on the file of 7th ACJM, Bangalore. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that originally charge sheet has been filed against accused Nos.1 and 2 for the said offences and subsequently, supplementary charge sheet has been filed against this petitioner –accused No.3 who has been - 3 - HC-KAR NC: 2025:KHC:42645 CRL.P No. 9143 of 2025 arrested on 21.02.2025. Accused Nos.1 and 2 who are having similar allegations have been granted bail by this Court and therefore, the petitioner –accused No.3 is also entitled to grant of bail on the ground of parity. There is no recovery at the instance of this petitioner. The recovery is at the instance of accused No.2. The petitioner has been implicated only on the basis of statement of accused No.2. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition and grant bail to the petitioner –accused No.3. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the charge sheet materials indicate that a prima facie case against the petitioner for offences alleged against him. The petitioner is involved in another case in Crime No.63/2024. The deceased has sustained 09 injuries as per post-mortem report. The offences alleged against the petitioner are heinous offences punishable with death or - 4 - HC-KAR NC: 2025:KHC:42645 CRL.P No. 9143 of 2025 imprisonment for life. With this, he prayed to reject the petition. 5. In reply learned counsel for the petitioner by producing a copy of FIR of Crime No.63/2024 submits that it is a missing complaint and the petitioner is not involved in the said case as an accused. 6. Having heard learned counsels, the Court has perused the charge sheet records and other materials placed on record. 7. The accusation against the accused persons is that accused Nos.1 to 3 conspired to rob and kill the deceased –Prasanna Kumari, who is possessing gold ornaments and cash etc. According to the plan on 07.09.2022, accused Nos.2 and 3 reached the spot of the incident by motorcycle as per actions/plan of accused No.1. Both of them criminally trespassed into the house of Smt. Prasanna Kumari, and murdered her by strangulating her and taken her golden ornaments. Accused No.2 pledged the said golden ornaments in Muthoot Finance, - 5 - HC-KAR NC: 2025:KHC:42645 CRL.P No. 9143 of 2025 Rajchoti and obtained a loan of Rs.1,90,000/. Initially charge sheet has been filed against accused Nos.1 and 2 for the said offences. The petitioner came to be arrested on 21.02.2025 and supplementary charge sheet is filed against the petitioner for the same offences. Even during further investigation there is no recovery at the instance of this petitioner. The accusation against the petitioner and other accused who are granted bail are similar. Therefore, the petitioner is also entitled to grant of bail on the ground of parity. As the supplementary charge is filed, the petitioner is not required for custodial interrogation. The petitioner is in judicial custody since 21.02.2025. Considering all these above aspects, the petitioner has made out case for grant of bail with conditions. 8. In the result, the following ORDER i) The petition is allowed. ii) The petitioner –accused No.3 is granted bail in Crime No.215/2022 of Vidyaranyapura Police - 6 - HC-KAR NC: 2025:KHC:42645 CRL.P No. 9143 of 2025 Station registered for offences punishable under Sections 302, 392, 120-B read with Section 34 of IPC pending in C.C.No.8462/2023 on the file of 7th ACJM, Bangalore subject to following conditions; a) The petitioner –accused No.3 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court; b) The petitioner –accused No.3 shall Not tamper the prosecution witnesses either directly or indirectly; c) The petitioner –accused No.3 shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case; - 7 - HC-KAR NC: 2025:KHC:42645 CRL.P No. 9143 of 2025 d) The petitioner –accused No.3 shall produce Aadhar Card or any other authentic for address proof. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 2 Sl No.: 21