- 1 - HC-KAR NC: 2025:KHC:50907 CRL.P No. 13909 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13909 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. ARBAZ PASHA S/O ARIF PASHA AGE BOUT 23 YEARS R/A IMDAIDIYA MOHALLA WARD No.16 KOTE KUNIGAL TOWN KUNIGAL TOWN KUNIGAL TALUK TUMKURU – 572 102. …PETITIONER (BY SRI. VIKYATH B, ADVOCATE) AND: 1. STATE OF KARNATAKA BY NELAMANGALA RURAL POLICE REP. BY HCGP HIGH COURT BUILDING BENGALORE – 560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CC 7042/2025, CR No.185/2025 OF NELAMANGALA RURAL P.S ON THE FILE OF PRL.CIVIL JUDGE AND JMFC, AT NELAMANGALA, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 61(1)(2),103(1),238,140(1), R/W 190 OF BNS. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50907 CRL.P No. 13909 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.5 under Section 483 of BNSS praying to grant bail in Crime No.185/2025 of Nelamangala Rural Police Station registered for offences punishable under Sections 61(1)(2), 103(1), 238, 140(1) read with Section 190 of BNS. 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent -State. 3. Learned counsel for the petitioner would contend that accused Nos.1, 3 and 12 who are similarly placed to that of this petitioner have been granted bail by this court in Criminal Petition No.12817/2025 and Criminal Petition No.11770/2025. The case of the prosecution is based on circumstantial evidence. The allegation against this petitioner and accused Nos.1 and 2 is assaulting with stone. The petitioner is not having any criminal antecedents. With this, he prayed to allow the petition. - 3 - HC-KAR NC: 2025:KHC:50907 CRL.P No. 13909 of 2025 4. Per contra, learned Additional SPP for the respondent –State would contend that the offence alleged against the petitioner is heinous offence punishable with death or imprisonment for life. If the petitioner is granted bail, he will threaten the prosecution witnesses and commit similar offence. With this, she prays to reject the petition. 5. Having heard learned counsels, this Court has perused charge sheet and other materials placed on record. 6. As per charge sheet, the case of the prosecution is that accused Nos.2 and 8 went to the house of the deceased, kidnapped the deceased and it has been seen by C.W.11 and C.W.1 -wife of the deceased. Accused persons taken the deceased and assaulted him with stone and committed his murder. The overtact alleged against the petitioner is assaulted the deceased with stone. The overtact alleged against accused Nos.1, 3 and 12 who are granted bail is also same that assaulting the deceased with - 4 - HC-KAR NC: 2025:KHC:50907 CRL.P No. 13909 of 2025 stone. Considering the same, the petitioner is also entitled for grant of bail on the ground of parity. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.185/2025 of Nelamangala Rural Police Station subject to following conditions: a. The petitioner –accused No.5 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 jurisdictional Court. b. The petitioner –accused No.5 shall not tamper the prosecution witnesses either directly or indirectly. c. The petitioner –accused No.5 shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. - 5 - HC-KAR NC: 2025:KHC:50907 CRL.P No. 13909 of 2025 d. The petitioner –accused No.5 shall not commit any offence. If the petitioner is found having committed any offence, the prosecution is at liberty to move an application seeking cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 2 Sl No.: 31 Ct.sm