- 1 - HC-KAR NC: 2025:KHC:29566 CRL.P No. 9080 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9080 OF 2025 BETWEEN: IRFAN PASHA @ ABLU S/O SAMIULLA AGED ABOUT 38 YEARS R/AT NO 16/06, ILAHI NURSING HOME, GOVT. ELECTRIC FACTORY GOWRIPALYA, PADARAYANAPURA BENGALURU - 560 026. …PETITIONER (BY SRI AMEENULLA N.K, ADV.) AND: STATE BY BANGALORE CITY RAILWAY P.S, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001. …RESPONDENT (BY SRI K. NAGESWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.36/2025 FOR THE OP/US/ 109 R/W 3(5) OF BNS OF BANGALORE CITY RAILWAY POLICE PENDING IN THE FILE OF HONBLE XLI ACJM COURT. 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:29566 CRL.P No. 9080 of 2025 ORAL ORDER Petitioner / accused No.2 in Crime No.36/2025 of Bengaluru City Railway Police Station, Bengaluru registered for the offence punishable under Section 109 R/w 3(5) of BNS, 2023 has preferred this petition to enlarge him on bail. 2. Heard both sides and perused material on record. 3. As per complaint lodged by the injured, on account of previous enmity, accused Nos.1 and 2 along with four others attempted on his life by assaulting with chopper, knife etc. on 15.05.2025 at about 3.00 p.m, near Shamanna Garden, Deepanjali Nagar. 4. Complaint was lodged against accused Nos.1 and 2 and four others. Petitioner herein who is arraigned - 3 - HC-KAR NC: 2025:KHC:29566 CRL.P No. 9080 of 2025 as accused No.2 was arrested on 02.06.2025. Blood stained knife is recovered at his instance. 5. Learned HCGP has contended that against accused No.1 there are several cases registered and the petitioner is a close associate of accused No.1. He contended that the injured has sustained grievous injury and in view of prima-facie case, petitioner is not entitled for bail. He has accordingly sought to dismiss the petition. 6. Learned counsel for the petitioner submits that this Court has granted bail to accused Nos.3 to 5 in Crl.P.No.7777/2025 C/w Crl.P.No.7780/2025. The petitioner has no criminal antecedents. He is ready to abide by any condition which may be imposed by this Court. 7. As per prosecution, accused No.1 assaulted with a chopper and petitioner / accused No.2 assaulted with a knife on the hands and legs of the injured. He was - 4 - HC-KAR NC: 2025:KHC:29566 CRL.P No. 9080 of 2025 admitted to ARA hospital and from there taken to Victoria hospital for treatment. 8. As per wound certificate, the injured has sustained four injuries. Injury Nos.1, 2 and 4 are simple in nature and injury No.3 is grievous in nature. 9. It is alleged, both accused Nos.1 and 2 took the complainant near the railway track in Shamanna garden and abused him saying that he is selling Ganja and MDMA and assaulted him with a chopper and knife. 10. It is contended by the learned HCGP that against accused No.1 there are seven criminal cases registered. However, petitioner has no criminal antecedents. The injured is said to have been discharged from the hospital. Petitioner has been arrested and interrogated and not required for further interrogation / - 5 - HC-KAR NC: 2025:KHC:29566 CRL.P No. 9080 of 2025 investigation. He has undertaken to offer sufficient surety to ensure his regular presence before the Trial Court. 11. Considering the above facts and circumstances, petitioner can be released on bail, by imposing conditions. Hence, the following: ORDER Petition is allowed. Petitioner/accused No.2 in Crime No.36/2025 of Bengaluru City Railway Police Station, Bengaluru, shall be released on bail subject to following conditions: a) Petitioner / accused No.2 shall execute a 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. b) He shall furnish proof of his residential address and shall inform the - 6 - HC-KAR NC: 2025:KHC:29566 CRL.P No. 9080 of 2025 Investigating Officer/Court, if there is any change in the address. c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge. d) He shall not tamper with the prosecution witnesses either directly or indirectly. e) He shall appear before the trial Court on all dates of hearing without fail. f) He shall mark his attendance at Bengaluru City Railway Police Station, Bengaluru on every Sunday between 10.00 a.m, and 1.00 p.m, till completion of investigation. Sd/- (MOHAMMAD NAWAZ) JUDGE NMS