- 1 - HC-KAR NC: 2025:KHC:44300 CRL.P No. 10556 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 10556 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SYED ILIYAZ @ SONU S/O SYED ZIKRIYA AGED ABOUT 21 YEARS, R/AT NO.427, WARD NO.24, YARABNAGARA II BLOCK, BEEDI COLONY, RAMANAGARA TOWN. NOW RESIDING AT TIPPU CIRCLE, TIPPU NAGAR, RAMANAGARA TOWN, RAMANAGARA - 562159. &PETITIONER (BY SRI. A.N. RADHA KRISHNA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BANGALORE CITY RAILWAY POLICE, BENGALURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. &RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44300 CRL.P No. 10556 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.8/2024 OF RAILWAY POLICE, BENGALURU FOR OFFENCE P/US 302,201 R/W SEC.34 OF IPC NOW PENDING IN S.C.NO.43/2024 ON THE FILE OF THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA. 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 accused No.2 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.8 of 2024 of Bengaluru City Railway Police Station registered for the offences punishable under Sections 302, 201 read with Section 34 of IPC pending in SC No.43 of 2024 on the file of the learned of Principal District and Sessions Judge, Ramanagara. 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent/State. - 3 - HC-KAR NC: 2025:KHC:44300 CRL.P No. 10556 of 2025 3. The learned counsel for the petitioner would contend that, the entire case of the prosecution is based on circumstantial evidence, and there are no eyewitnesses to the incident. CWs.16 and 17 are the witnesses, who stated to have last seen accused Nos.1, 2 and the deceased together at 09.00 p.m. on 20.01.2024. Except recovery of blood stained clothes of this petitioner, no other articles have been seized. Charge sheet is filed, and therefore, the petitioner is not required for custodial interrogation. The prosecution has to prove each of the circumstances at the trial to establish the guilt of the petitioner. The accused No.3 has been granted bail by this Court. The petitioner has no criminal antecedent. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for the respondent - State would contend that, the petitioner in his voluntary statement has admitted his involvement in commission of murder of deceased - Arbaz. The mobile and scooter have been seized at the instance - 4 - HC-KAR NC: 2025:KHC:44300 CRL.P No. 10556 of 2025 of this petitioner. The postmortem report indicates that, the deceased had sustained seven injuries. CWs.16 and 17 have last seen this petitioner, accused No.1 and the deceased together at 09.00 p.m. on 20.01.2024. The dead body was seen on the next day at 12.40 p.m. Considering charge sheet material, there is a prima case against the petitioner for the offences alleged against him. With this, he prayed for dismissal of the petition. 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. The accusation against the accused persons is that, the deceased was insisting CW15, the younger sister of accused No.1, to love him, and also abused the mother of accused No.1 in filthy language. Enraged by the same, accused No.1 has planned and took the deceased to a Bar, and made him to drink, and took him on scooter near railway station platform No.1, and accused No.1 assaulted him with stick twice. When he fell down, accused No.1 put - 5 - HC-KAR NC: 2025:KHC:44300 CRL.P No. 10556 of 2025 cement stone on his head, and killed him, and accused No.3 helped accused Nos.1 and 2 to put petrol to vanish the evidence. There are no eyewitnesses to the incident, and the entire case of the prosecution is based on circumstantial evidence. CWs.16 and 17 are two witnesses, who stated to have last scene accused Nos.1, 2 and the deceased together on 20.01.2024 at 09.00 p.m. There is a recovery of bloodstained clothes of the petitioner at his instance. As the case of prosecution is based on circumstantial evidence, each of the circumstances have to be proved at the trial. There are no criminal antecedents of the petitioner. As the charge sheet is filed, the petitioner is not required for custodial interrogation. 7. Considering the above aspect, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER i) The petition is allowed. - 6 - HC-KAR NC: 2025:KHC:44300 CRL.P No. 10556 of 2025 ii) The petitioner is granted bail in Crime No.8 of 2024 of Bengaluru City Railway Police Station registered for the offences punishable under Sections 302, 201 read with Section 34 of IPC subject to following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner shall attend the Trial Court on all dates of hearing, unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 6