- 1 - HC-KAR NC: 2025:KHC:45087 CRL.P No. 11853 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 11853 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. IMRAN PASHA @ IMMU S/O MUBARAK PASHA AGED ABOUT 19 YEARS R/AT 10TH CROSS, MARALUR DINNE TUMAKURU – 572 101. …PETITIONER (BY SRI. M SHASHIDHARA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY JAYANAGAR PS, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE ABOVE NAMED PETITIONER (ACCUSED No.5) ON BAIL IN S.C.No.47/2025 ORIGINATING FROM CR.No.184/2024 OF THE RESPONDENT JAYANAGARA POLICE FOR THE OFFENCES POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(2), 189(2), 191(2), 191(3) R/W 190 OF BNS, 2023 WHICH IS PENDING Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45087 CRL.P No. 11853 of 2025 BEFORE THE HON’BLE II ADDL. AND SESSIONS JUDGE, TUMAKURU. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by petitioner - accused No. 5 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant bail in S.C. No 47/2025 (arising out of crime No. 184/2024 of Jayanagar Police Station) registered for offences under Section 103(2), 189(2), 191(2), 191(3) read with Section 190 of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as `BNS’) pending on the file of II Additional District and Sessions Judge, Tumakuru. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent – State. 3. Learned counsel for petitioner would contend that the overt-act alleged against the petitioner is, that he along with accused No. 2, 3 and two juvenile offenders - 3 - HC-KAR NC: 2025:KHC:45087 CRL.P No. 11853 of 2025 held the deceased and at that time accused No. 1 assaulted the deceased with knife. There is no overt-act alleged against this petitioner of assaulting the deceased. Accused No. 1 had no intention to kill the deceased. As chargesheet is filed the petitioner is not required for custodial interrogation. Petitioner is in judicial custody since last 11 months. There are no criminal antecedents of the petitioner. With this he prayed to allow the petition. 4. Per contra learned Additional SPP would contend that the petitioner held the deceased and facilitated accused No. 1 to assault the deceased with a knife. Offence alleged against the petitioner is a heinous offence punishable with either death or imprisonment for life. With this she prayed for rejection of the petition. 5. Having heard learned counsel for the parties, this Court has perused the charge sheet and other materials placed on record. - 4 - HC-KAR NC: 2025:KHC:45087 CRL.P No. 11853 of 2025 6. Case of the prosecution is that deceased was loving C.W.3 and he was telling others that he will marry C.W.3. Child in conflict with law - Mujahid Pasha @ Mujahid was also intending to marry C.W.3. In that regard the deceased and said child in conflict with law - Mujahid Pasha quarreled with each other and stopped talking to each other. That on 15.11.2024 at about 10.45 p.m. accused Nos. 1, 2, 4, petitioner – accused No. 5 and child in conflict with law - Mujahid Pasha and another child in conflict with law - Mohammed Yusuf, with an intention to kill the deceased, accused No. 1 armed with knife, went to the house of deceased and by making a phone call have called him and quarreled him with regard to C.W.3. Accused No. 2 assaulted the deceased with hands and thereafter accused Nos. 2, 4 and 5 and two children in conflict with law held the deceased tightly and at that time accused No. 1 assaulted the deceased with knife on his right rib and caused severe injury. Deceased was taken to the hospital and he died in the hospital. The overt act - 5 - HC-KAR NC: 2025:KHC:45087 CRL.P No. 11853 of 2025 alleged against the petitioner is that he held the deceased and facilitated accused No. 1 to assault the deceased. No overt-act of assault is alleged against the petitioner. There are no criminal antecedents of this petitioner. As chargesheet is filed, petitioner is not required for further custodial interrogation. Considering the above aspects, petitioner has made out a case for grant of bail with conditions. 7. In the result, the following; O R D E R Petition is allowed. Petitioner is granted bail in S.C. No 47/2025 (arising out of crime No. 184/2024 of Jayanagar Police Station) pending on the file of II Additional District and Sessions Judge, Tumakuru subject to following conditions: I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the trial Court. - 6 - HC-KAR NC: 2025:KHC:45087 CRL.P No. 11853 of 2025 II. Petitioner shall not tamper the prosecution witnesses either directly or indirectly. III. Petitioner shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. IV. Petitioner shall not involve in commission of any offence. If the petitioner commits any offence the prosecution is at liberty to seek for cancellation of his bail. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 3 Ct.sm