- 1 - HC-KAR NC: 2025:KHC:30368 CRL.P No. 10445 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10445 OF 2025 BETWEEN: 1. IRFAN S/O SYED GOUS, AGED ABOUT 36 YEARS, R/AT 6TH CROSS, OPPOSITE AKSA MASJID, P.H.COLONY, TUMAKURU CITY-572 101. 2. ZEESHAN @ MOHAMMED MUSTAFA S/O MUNNA FAIZUDDIN AHMED, AGED ABOUT 21 YEARS, R/O MELEKOTA MAIN ROAD, 8TH CROSS, SADASHIVANAGARA, TUMKUR-572 101. &PETITIONERS (BY SRI. MOHAMMED TAHIR, ADVOCATE) AND: STATE BY TUMAKURU RURAL PS REP. BY STATE PUBLIC PROSECUTOR, OFFICE AT ADVOCATE GENERAL, HIGH COURT COMPLEX, OPP. TO VIDHANA SOUDHA, BANGALORE-560 001. &RESPONDENT (BY SRI. RANGASWAMY R., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30368 CRL.P No. 10445 of 2025 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS/ACCUSED NO.2 AND 3 ON REGULAR BAIL IN CRIME NO.89/2025 FOR THE ALLEGED OFFENSE UNDER SECTION 304(2) OF IPC, TUMAKURU RURAL P.S., NOW PENDING BEFORE THE I ADDL. CIVIL JUDGE AND JMFC COURT, AT TUMAKURU, PETITIONER ARRAYED AS ACCUSED NO.2 AND 3. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the arguments of the learned counsel for petitioners, the learned High Court Government Pleader for respondent-State and perused the material on record. 2. Petitioners are arrested on 10.6.2025 in connection with a case registered in Cr.No.89/2025 of Tumakuru Rural Police Station, Tumakuru, for offence punishable under Section 304-II of IPC. 3. Petition seeking bail has been rejected by the learned Sessions Judge in Crl.Misc.No.924/2025 vide order - 3 - HC-KAR NC: 2025:KHC:30368 CRL.P No. 10445 of 2025 dated 4.7.2025. Hence, the petitioners are before this Court seeking regular bail. 4. Complaint averments would reveal that the complainant9s son by name Firoz Khan, addicted to alcohol was admitted to one Khuram Nasha Mukt Bharat, a rehabilitation centre run by accused No.1 by name Khuram. It is alleged that in the said rehabilitation centre, he was mercilessly assaulted, as a consequence, he was admitted at Tumakuru District Hospital, Tumakuru and later at Victoria Hospital, Bengaluru, wherein he died on 19.5.2024 at about 10.00 p.m. 5. Complainant has alleged that in the rehabilitation centre, during treatment, his son was assaulted with clubs and belt, due to which he sustained injuries and died in the hospital. Complaint is lodged on 15.04.2025. 6. Learned High Court Government Pleader has contended that as per post mortem, death is due to - 4 - HC-KAR NC: 2025:KHC:30368 CRL.P No. 10445 of 2025 multiple injuries sustained, co-patients in the rehabilitation centre are the eye witnesses to the incident and against the petitioners there is one more case registered in Cr.No.135/2024 at Tumakuru Rural Police Station for offences punishable under Sections 324, 323, 504, 506 r/w Section 34 of IPC. He, therefore, contended that there is a prima facie case against the petitioners and hence, they are not entitled for bail. 7. FIR is registered against the owner of Kurram and others. Said accused No.1 has been enlarged on bail in Crl.P.No.7412/2025 vide order dated 18.6.2025. The offence alleged is one under Section 304-II of IPC. Even though the incident is alleged to have occurred between 16.5.2024 and 19.5.2024, complaint is lodged on 15.4.2025, after 11 months. In the facts and circumstances, petitioners who are already arrested and interrogated, can be admitted to bail by imposing conditions. Hence, the following: - 5 - HC-KAR NC: 2025:KHC:30368 CRL.P No. 10445 of 2025 ORDER I. Petition is allowed. II. Petitioners/accused Nos.2 and 3 in Crime No.89/2025 of Tumakuru Rural Police Station, pending on the file of the Court of I Addl. Civil Judge and JMFC Court, Tumakuru, shall be enlarged on bail, subject to following conditions: 1. They shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees one lakh only) each, with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. 3. They shall not directly or indirectly tamper with the prosecution witnesses. 4. They shall not indulge themselves in committing any offence. - 6 - HC-KAR NC: 2025:KHC:30368 CRL.P No. 10445 of 2025 5. They shall appear before the trial Court regularly on all dates of hearing. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 56