- 1 - HC-KAR NC: 2025:KHC:47505 CRL.P No. 14122 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14122 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: NAVAZ @ BIDI NAVAZ S/O MAHAMMED KUNHI, AGED ABOUT 23 YEARS, R/AT: KAIKAMBA PARLIYA HOUSE, M.MUDA VILLAGE, BANTWAL TALUK, D.K DISTRICT - 574 211. …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: THE STATE OF KARNATAKA BY BANTWAL TOWN POLICE STATION, D.K DISTRICT. REP. BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATH B., ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (UNDER SECTION 483 BNSS) PRAYING TO RELEASE HIM ON BAIL IN CRIME NO.53/2025 OF BANTWAL TOWN POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 49, 351(3), 118(2), 115(2), 118(1), 109, 249(b) READ WITH Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47505 CRL.P No. 14122 of 2025 3(5) OF BNS, PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, BANTWAL. 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.3 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.53/2025 of Bantwala Town Police Station, registered for offences punishable under Sections 49, 351(3), 118(2), 115(2), 118(1), 109, 249(b) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State. 3. Learned counsel for petitioner would contend that, the complaint has been registered against unknown persons. C.W.1 to C.W.3 have failed to identify the petitioner in the Test Identification Parade. The allegation - 3 - HC-KAR NC: 2025:KHC:47505 CRL.P No. 14122 of 2025 against this petitioner is instigating accused No.2 to assault the injured and abuse him in filthy language. The petitioner is the rider of the bike. The allegation of assault is against accused No.2 who is stated to have assaulted with a talwar. The petitioner is also not involved in earlier case wherein there is involvement of accused Nos.1 and 2. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, the petitioner is having criminal antecedents and he is involved in four (4) criminal cases and he has violated the bail conditions in those cases. The wound certificate of the injured indicates that, he has sustained one grievous injury and three simple injuries. The FSL report indicates that, blood stains were detected on the weapon seized. The charge sheet materials show that, there is a prima- facie case against the petitioner for the offence alleged - 4 - HC-KAR NC: 2025:KHC:47505 CRL.P No. 14122 of 2025 against him. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused FIR, complaint, charge sheet and other materials placed on record. 6. The case of the prosecution as per the charge sheet is that, as per the instigation of accused No.1, accused No.2 and the petitioner/accused No.3 went on a bike. The petitioner/accused No.3 was rider and accused No.2 was pillion rider. At about 08.05 p.m., accused No.3 has shown C.W.2 and abetted accused No.2 to kill him. At that time, accused No.2 has assaulted with talwar on C.W.2 and he in order to escape has held the talwar and sustained injury to his fingers. Thereafter, accused No.3 has abused C.W.2 in filthy words. At that time, accused No.2 chased C.W.2 and made him to fall on the ground and assaulted him with a talwar. C.Ws.5, 6, 7 and 8 came to the spot and on seeing them, both accused went away with the weapon. Considering the above aspects, there is - 5 - HC-KAR NC: 2025:KHC:47505 CRL.P No. 14122 of 2025 no overtact of assault alleged against this petitioner. The allegation against the petitioner is instigating accused No.2 to assault and kill C.W.2 and abusing the C.W.2 in filthy words. As the charge sheet is filed, the petitioner/accused No.3 is not required for custodial interrogation. There are no criminal antecedents of the petitioner. 7. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner/accused No.3 is granted bail in Crime No.53/2025 of Bantwala Town Police Station, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court. - 6 - HC-KAR NC: 2025:KHC:47505 CRL.P No. 14122 of 2025 ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. iv) The petitioner shall not involve in commission of any offence. If the petitioner found involved in commission of any offence, the prosecution is at liberty to seek cancellation of his bail. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 14