- 1 - HC-KAR NC: 2025:KHC:30271 CRL.P No. 9933 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. 9933 OF 2025 BETWEEN: TAUSIF, S/O SHANAWAZ, AGED ABOUT 30 YEARS, R/AT NO. NO.17/5, 5TH MAIN ROAD, RAHAMATH NAGAR, BANGALORE NORTH, BANGALORE - 560 032. …PETITIONER (BY SRI. MOHAN KUMAR H.G., ADVOCATE) AND: STATE OF KARNATAKA BY R.T.NAGAR POLICE STATION BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.6 ON BAIL IN S.C.NO.813/2025 (CRIME NO.16/2025) OF R T NAGAR POLICE STATION, FOR THE OFFENCE P/US/ 61(2), 140(1), 103 R/W SEC.3(5) OF BNS 2023 PENDING ON THE FILE OF THE HONBLE LII ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-53). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30271 CRL.P No. 9933 of 2025 ORAL ORDER Heard the learned counsel for the parties and perused the material on record. 2. This petition under Section 483 of the BNSS, 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 BNS, 2023. 4. The incident took place on 22.1.2025 at about 8.00 am - 10.00 am. The victim by name Syed Salman succumbed to the injuries sustained by him, while undergoing treatment in the hospital at about 8.30 p.m. On completion of investigation, charge sheet is filed against accused Nos.1 to 8 for offences punishable under Sections 61(2), 140(1), 3(5) and 103 of the BNS, 2023. - 3 - HC-KAR NC: 2025:KHC:30271 CRL.P No. 9933 of 2025 5. In brief, the case of the prosecution is that, deceased Syed 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-03 AA 1028, to Syed Gaffar (CW.22) namely the father of accused Nos.1 to 3. In this connection, there was a quarrel between the deceased and Syed Gaffar. Coming to know about the same, accused Nos.1 and 3 had assaulted the deceased with hands. Hence, the deceased decided to lodge a complaint against them at R.T.Nagar Police Station. In view of the said enmity, all the accused decided to teach a lesson to the deceased and held a conspiracy. When the deceased had parked his auto rickshaw near R.T.Nagar Police Station, accused came in different auto rickshaws to the said place. Accused No.2 assaulted him and took him in the said auto - 4 - HC-KAR NC: 2025:KHC:30271 CRL.P No. 9933 of 2025 rickshaw near Jamia Masjid at Rehamath Nagar. The accused 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 which the deceased sustained severe injuries. Accused Nos.4 to 6 took the deceased and left him at the arch near Nrupathunga Layout. Thereafter, accused No.1 told CW.2 that they have taught a lesson to Syed 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.6 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 among other accused persons and he travelled in one of the auto rickshaws. Specific overt act of assaulting the - 5 - HC-KAR NC: 2025:KHC:30271 CRL.P No. 9933 of 2025 deceased are against accused Nos.2, 4 and 5 as per 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 granted bail by this Court. Copy of the bail orders in 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.6. Similarly placed accused have 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.6 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 - 6 - HC-KAR NC: 2025:KHC:30271 CRL.P No. 9933 of 2025 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. 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 conditions shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE rs/ List No.: 1 Sl No.: 47