- 1 - HC-KAR NC: 2025:KHC:30356 CRL.P No. 10165 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. 10165 OF 2025 BETWEEN: SRI. ARMAN HAFFI ILIYAZ @ HAFFI @ ARMAN S/O MOHAMMED, AGED ABOUT 22 YEARS, R/AT #21, 1ST CROSS, NEAR AYYAPPA TEMPLE, NEW GURAPPANAPALYA, BENGALURU CITY, KARNATAKA-560 029. …PETITIONER (BY SRI. AVINASH P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BASVANGUDI PS., REP BY SPP, HIGH COURT BUILDING, BANGALORE-560 001. 2. ALLA BAKASH S/O LATE ABDUL SHAFI, AGED ABOUT 51 YEARS, R/AT #19/03, DHUR-UL-AMAN BUILDING, 6TH FLOOR, KHAZI STREET, BASVANGUDI, BANGALORE-04. …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R1) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30356 CRL.P No. 10165 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.4 ON BAIL IN CR.NO.199/2023 OF BASVANAGUDI POLICE STATION PENDING IN S.C.NO.36/2024 ON THE FILE OF 37TH ADDL. CMM COURT, NRUPATUNGA ROAD AT BANGALORE FOR OFFENCES PUNISHABLE UNDER SECTION 302, 120-B, 109, 427 R/W SECTION 34 IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.4 has preferred this petition, to enlarge him on bail in Crime No.199/2023 of Basavanagudi Police Station, now pending in S.C.No.36/2024 on the file of Principal City Civil and Sessions Judge, Bengaluru. 2. The case of the prosecution is that accused Nos.2 and 5 are involved in extortion cases and deceased Arbaz Ahmed had tipped about their activities to the Police. Hence, there was enmity. In the month of April, 2023 there was a quarrel between accused No.2 and the deceased and again on 19.09.2023 at about 10.30 p.m., - 3 - HC-KAR NC: 2025:KHC:30356 CRL.P No. 10165 of 2025 there was an incident of assault, wherein the deceased had attempted to stab accused No.5. In this background, accused No.5 conspired with accused Nos.2 to 4 to commit his murder. 3. It is the further case of prosecution that on 22.09.2023, accused Nos.2 to 4, armed with weapons went in search of the deceased near building No.19/3, Dar ul Aman, Khazi Street, Basavanagudi, Bengaluru, on a Suzuki Access bearing registration No.KA-04-KE-3651 and enquired with CW.9 about the whereabouts of the deceased. Thereafter, when they saw the deceased, accused No.2 charged at him and at that time, the deceased in order to save himself, removed a knife. Accused No.3 fisted on the face of the deceased. When the knife fell down from the hands of the deceased, accused No.2 picked the said knife. When the deceased started running, accused Nos.2 to 4 chased him and due to fear, deceased entered the house of CWs.12 and 13. Accused No.2 stabbed the deceased with the folding - 4 - HC-KAR NC: 2025:KHC:30356 CRL.P No. 10165 of 2025 button steel knife and accused Nos.3 and 4 assaulted him with a knife, on his head, chest and other parts of the body. The deceased was shifted to the hospital, however, succumbed to the injuries while undergoing treatment. 4. FIR is registered on a complaint lodged by the father of the deceased against one Mohsin and others, for the offence punishable under Section 302 r/w 34 of IPC. Petitioner is not named in the FIR. While filing charge sheet, the name of Mosin has been deleted. Charge sheet is filed against accused Nos.2 to 5, wherein petitioner is arraigned as accused No.4. 5. Prosecution is placing reliance on the statements of the eyewitnesses namely, CWs Nos.9, 12 and 13. According to prosecution, there was enmity between accused Nos.2, 5 and the deceased. The previous incidents of quarrel is also between the deceased and the said accused. It is alleged that accused No.5 conspired with other accused persons to commit the - 5 - HC-KAR NC: 2025:KHC:30356 CRL.P No. 10165 of 2025 murder and in furtherance of the said conspiracy, the deceased was done to death. 6. Learned High Court Government Pleader has contended that deceased has sustained 18 injuries and the cause of death is on account of multiple injuries sustained. He contended that in view of the statements of the eye witnesses, there is a prima facie case against the petitioner and he is not entitled for bail. 7. Learned counsel for petitioner has furnished copies of the bail orders passed in respect of accused Nos.2, 3 and 5. Accused Nos.2 and 3 are enlarged on bail in W.P.No.12574/2025 and accused No.5 is released on bail in Crl.P No.4768/2025. 8. It is pertinent to mention that one Mosin who was named as an accused in FIR along with others, has been dropped while filing the charge sheet. 9. Petitioner was arrested on 25.09.2023. He is in judicial custody since then. Investigation is completed and - 6 - HC-KAR NC: 2025:KHC:30356 CRL.P No. 10165 of 2025 charge sheet is filed. There are 42 witnesses cited in the charge sheet. The allegations against petitioner/accused No.4 and accused Nos.2, 3 and 5 are one and the same. Considering that accused Nos.2, 3 and 5 have been granted bail by this Court, relief sought by the petitioner can be granted by imposing conditions. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioner/accused No.4 in S.C.No.36/2024 pending on the file of the Principal City Civil and Sessions Judge, Bengaluru (Crime No.199/2025 of Basavanagudi Police Station), shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. - 7 - HC-KAR NC: 2025:KHC:30356 CRL.P No. 10165 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 contact the victim, threaten or intimidate her in any manner. 5. He shall not indulge himself in committing any offence. 6. He shall appear before the trial Court on every date of hearing without fail. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 52