1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON’BLE Mr. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No.12448/2025 BETWEEN : SUHAIL PASHA @ KONGATI S/O FAROOK PASHA AGED ABOUT 22 YEARS R/AT 1ST CROSS, ALEMANKERI LASHKAR MOHALLA SHIVAMOGGA – 577 201. … PETITIONER (BY SRI HASHMATH PASHA, SENIOR COUNSEL FOR SRI KARIAPPA N A, ADVOCATE) AND : 1. STATE OF KARNATAKA BY KOTE POLICE STATION SHIVAMOGGA TOWN- 577 201. 2. CHIEF SUPERINTENDENT CENTRAL JAIL, SHIVAMOGGA (R1 & 2 ARE REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR GOVERNMENT ADVOCATE 2 HIGH COURT OF KARNATAKA BANGALORE – 560 001). … RESPONDENTS (BY SMT. RASHMI PATEL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO ENLARGE HIM ON BAIL IN CRIME No.75/2024 OF KOTE POLICE STATION, SHIVAMOGGA, WHICH IS PENDING IN SC .No.170/2024*ON THE FILE OF HON’BLE 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA FOR OFFENCES UNDER SECTIONS 120B, 143, 144, 147, 148, 302, 427 READ WITH 149 OF IPC. THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 12.11.2025, THIS DAY, SHIVASHANKAR AMARANNAVAR J, DELIVERED THE FOLLOWING; CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CAV ORDER This petition is filed by accused No.4 under Section 439 of Cr.P.C. praying to grant bail in Crime No.75/2024 of Kote Police Station, Shimoga pending in S.C.No.170/2024* on the file I Additional District and Sessions Judge, Shimoga registered for the offence punishable under Sections 120-B, 143, 144, 147, 148, 302, 427 r/w 149 of IPC. *Corrected vide court order dated 20.11.2025 3 2. Heard learned Senior counsel for the petitioner and learned HCGP for respondent – State. 3. Learned Senior Counsel would contend that the name of this petitioner has not been mentioned in the FIR and complaint and also in the inquest mahazar. The petitioner has been arrested on 12.05.2024 and subsequently, statements of CWs.2 to 4 have been recorded. CWs.2 to 4 are stated to be eye witnesses to the incident. The incident has taken place on 08.05.2024 and statement of eye witnesses have been recorded on 12.05.2024 and there is a delay in recording the statements of eye witnesses. There is a counter case in Crime No.76/2024 and accused No.1 is deceased in the said counter case. As the name of the petitioner is not mentioned in the first information and there is a delay in recording statement of eye witnesses that too after arrest of petitioner and as the charge sheet is filed, petitioner is not required for custodial interrogation. He also submitted 4 that accused Nos.5, 7 to 10, 15 and 17 are granted bail. On these grounds, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that on perusal of the charge sheet, it is clear that there is specific overt act alleged against this petitioner assaulting the deceased persons with deadly weapons. There is recovery of long-chopper and dagger at the instance of this petitioner and other accused and it is a joint recovery. CWs.3 to 4 are eye witnesses to the incident. The case involves double murder. There are no criminal antecedents of the petitioner. If the petitioner is granted bail, there is risk of his life as there is group clashes between accused persons and the deceased and others. The offence alleged against the petitioner is a heinous offence punishable with death or imprisonment for life. With these she prayed to reject the petition. 5 5. Having heard the learned counsels, the Court has perused charge sheet and other materials placed on record. 6. The incident has taken place on 08.05.2024 at 5.30 p.m. The mother of deceased Shoaib @ Sebu @ Khalander has filed first information and on basis of the same case came to be registered in Crime No.75/2024 for the offence punishable under Sections 143, 144, 147, 148, 302 read with 149 of IPC against five persons and 15 to 20 others. The name of this petitioner/accused No.4 is not shown in the FIR and complaint. The petitioner has been arrested on 12.05.2024. CWs.2 to 4 are stated to be eye witnesses to the incident and their statements are recorded after arrest of this petitioner on 12.05.2024. The incident has taken place on 08.05.2024 and statement of eye witnesses are recorded on 12.05.2024. The delay in recording the statement of eye witnesses has not been forthcoming from the charge sheet records. 6 7. There is no individual recovery from this petitioner. The recovery of long-chopper and dagger and other articles is at the instance of this petitioner and other accused and it is a joint recovery. The petitioner is in judicial custody since 12.05.2024 and as the charge sheet is filed the petitioner is not required for custodial interrogation. Accused Nos.5, 7 to 10, 15 and 17 have already been granted bail. There are no criminal antecedents of the petitioner. The petitioner has undertaken to abide by conditions to be imposed by this Court. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER Petition is allowed. Petitioner is granted bail in Crime No.75/2024 of Kote Police Station, Shimoga, pending in S.C.No.170/2024* on the file of I Additional District and Sessions Judge, Shimoga subject to following conditions: *Corrected vide court order dated 20.11.2025. 7 (i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only), with two solvent sureties for the like-sum to the satisfaction of the trial Court. (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 commit any offence. If the petitioner is found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB