- 1 - HC-KAR NC: 2025:KHC:30237 CRL.P No. 9233 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. 9233 OF 2025 BETWEEN: SYED SADIQ AGED ABOUT 32 YEARS S/O SYED NAZEER R/A #15/3, 1ST A CROSS REHAMATH NAGARA, RT NAGARA BENGALURU - 560 032 …PETITIONER (BY SRI. RAKSHITH R..,ADVOCATE) AND: STATE OF KARNATAKA BY RT NAGAR PS REP. BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 060 …RESPONDENT (BY SRI. K. NAGESWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.16/2025 OF R.T.NAGAR P.S. FOR THE OFFENCE P/U/S 61(2),140(1),3(5) ,103 OF BNS PENDING ON THE FILE OF LII ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN S.C.NO.813/2025 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30237 CRL.P No. 9233 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for the parties and perused the material on record. 2. This petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred by the petitioner to enlarge him on bail in Crime No.16/2025 of R.T. Nagar Police Station. 3. Initially, FIR was registered against accused No.1 and others for the offence punishable under Sections 109, 126(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 4. The victim by name Sayed Salman succumbed to the injuries sustained by him. On completion of investigation, charge sheet is filed against accused Nos.1 to 8 for offence punishable under Sections 61(2), 140(1), 3(5) and 103 of the BNS, 2023. - 3 - HC-KAR NC: 2025:KHC:30237 CRL.P No. 9233 of 2025 5. In brief, the case of the prosecution is that, deceased Sayed Salman is an auto driver by profession. There was a quarrel between the deceased and accused Nos.1, 2, 4 and 5. Deceased had lodged a complaint against accused No.4 at R.T. Nagar Police Station and a case was registered. On 22.01.2025, at about 8:30 a.m., the deceased had accidentally hit his auto rickshaw bearing No.KA-03AA1028, to Sayed Gaffar (CW.22) namely the father of accused Nos.1 to 3. In this connection, there was a quarrel between the deceased and Sayed Gaffar. Coming to know about the same, Accused Nos.1 and 3 had assaulted the deceased with hands. In view of the said enmity, all the accused decided to teach a lesson to the deceased. When the deceased had parked his auto rickshaw near R.T. Nagar Police Station, accused made a conspiracy to commit his murder. They traveled in different auto rickshaw. Accused No.2 went to the place where the deceased parked his auto rickshaw, assaulted him and took him in the said auto rickshaw near Jamia Masjid at Rehamath Nagar at about 9:30 a.m. They assaulted the deceased inside the auto rickshaw with their hands on his face, head and abdomen and hit his head to the iron rod of the auto rickshaw and also kicked him, due to - 4 - HC-KAR NC: 2025:KHC:30237 CRL.P No. 9233 of 2025 which the deceased sustained severe injuries. Accused Nos.4 to 6 took the deceased and left him near the arch near Nrupathunga Layout. Thereafter, accused No.1 told CW.2 that they have taught a lesson to Sayed Salman. Immediately, CW.2 went to the spot and shifted him to Bowring and Lady Curzon Hospital, wherein he succumbed to the injuries at about 8:30 p.m. on 22.01.2025. 6. The petitioner is arrayed as accused No.7 in the charge sheet. According to the prosecution, there are eyewitnesses to the incident. However, it is not alleged that even this petitioner has assaulted the deceased. The charge sheet material only reveals that the petitioner was also among other accused persons traveled in one of the auto rickshaw. Specific overt act of assaulting the deceased are against accused Nos.2, 4 and 5 as per the charge sheet. Investigation is completed and the charge sheet is filed. 7. It is submitted by the learned counsel for the petitioner that accused Nos.3, 4, 5 and 8 are already on bail granted by this Court. Copy of the bail orders in - 5 - HC-KAR NC: 2025:KHC:30237 CRL.P No. 9233 of 2025 Crl.P.No.7933/2025, Crl.P.No.7796/2025 connected with Crl.P.Nos.7769/2025 and 8046/2025 are furnished. 8. The petitioner is accused No.7. Similarly placed accused have already been enlarged on bail by this Court. Hence, by imposing stringent conditions, petitioner can be admitted to bail. Accordingly, the following: ORDER Petition is allowed. Petitioner - accused No.7 in Crime No.16/2025 of R.T.Nagar Police Station, Bengaluru City, pending in S.C.No.813/2025 on the file of the LII Additional City Civil and Sessions Judge, Bengaluru, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. - 6 - HC-KAR NC: 2025:KHC:30237 CRL.P No. 9233 of 2025 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE KG List No.: 1 Sl No.: 39