- 1 - HC-KAR NC: 2025:KHC:31622 CRL.P No. 10677 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10677 OF 2025 BETWEEN: SRI. IMRAN PASHA S/O KARIM SAB, AGED ABOUT 25 YEARS, NO.5, 12TH CROSS, BALESHAETTY BOUNDRY, PADARAYANAPURA, BENGALURU-560 026. …PETITIONER (BY SRI. JAYARAJ GOWDA M.N., ADVOCATE) AND: STATE OF KARNATAKA JAGAJEEVANRAM NAGARA STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU -560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND ORDER TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST BY THE JAGAJEEVANRAM NAGARA POLICE OFFICER INVESTIGATING THE SAME IN CRIME NO.143/2024 IN CC.NO.87/2025 FOR OFFENCE PUNISHABLE UNDER SECTION 109, 3(5), 351(2) OF BNS ACT, ARRAYED AS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31622 CRL.P No. 10677 of 2025 ACCUSED NO.2 THE SAID CASE IS PENDING BEFORE THE XLVI ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU. 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.2 in Crime No.143/2024 of Jagajeevanram Nagar Police Station has preferred this petition under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard both sides and perused the material on record. 3. FIR is registered on a complaint lodged by one Rizwan Pasha, father of the injured by name Suhail Pasha, on the basis of which the aforementioned crime was registered against accused Nos.1 and 2 for the offence punishable under Section 109, 3(5) of BNS, 2023. 4. Charge sheet is filed for the offence punishable under Section 109, 3(5) and 351(2) of BNS, 2023. - 3 - HC-KAR NC: 2025:KHC:31622 CRL.P No. 10677 of 2025 5. It is the case of prosecution that accused No.1 having a criminal background, was involved in drug peddling along with Suhail Pasha. After his release from jail, he left the company of accused No.1 and started doing business with his father. Accused No.1 was insisting him to sell drugs and give him money, but he had refused. Hence, with an intention to commit his murder, accused No.1 secured him with the help of accused No.2 near Aayath Palace situated near Skywalk, Vijayanagar and when accused No.2 and Suhail Pasha were talking, accused No.1 came from the back and assaulted Suhail Pasha with a long and when he tried to escape, held him and took him in a two wheeler near the railway cross, abused and assaulted him and caused injuries to his right hand and limbs etc. 6. Learned High Court Government Pleader has contended that as per the wound certificate, the injured has sustained four injuries out of which injury No.1 is grievous in nature. He contended that the victim was - 4 - HC-KAR NC: 2025:KHC:31622 CRL.P No. 10677 of 2025 secured by the petitioner herein and both the accused with a common intention of committing the murder, have committed the offence. 7. The only allegation against the petitioner is that he took the victim/Suhail Pasha to the underpass near the Skywalk, wherein accused No.1 came and assaulted Suhail Pasha. There is no material to show that the petitioner had prior knowledge about the presence of accused No.1 or to show the conspiracy between accused No.1 and the petitioner/accused No.2. As per complaint averments and the charge sheet allegations, it is accused No.1 who assaulted Suhail Pasha. The said accused has been arrested and released on bail. It cannot be said that there is a prima facie case against the petitioner at this stage. Hence, there is no impediment to grant the relief sought by the petitioner, by imposing conditions. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC:31622 CRL.P No. 10677 of 2025 ORDER i. Petition is allowed. ii. Petitioner/accused No.2 is ordered to be released in the event of his arrest in Crime No.143/2024 of Jagajeevanram Nagar Police Station, Bengaluru City, subject to following conditions: a) He shall appear before the jurisdictional Magistrate within a period of one week from the date of receipt of a copy of the order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with a surety for the likesum. b) He shall appear before the I.O. within a week thereafter and cooperate with further investigation of the case, if any. c) He shall furnish his residential address/contact number and shall inform the I.O in case of any change in the address/contact number. - 6 - HC-KAR NC: 2025:KHC:31622 CRL.P No. 10677 of 2025 c) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. d) He shall be regular in attending the Court proceedings. e) He shall not indulge in any criminal activities. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 44