- 1 - HC-KAR NC: 2025:KHC:51428 CRL.P No. 9539 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9539 OF 2025 BETWEEN: MOHAMMED PASHA @ SHARUK S/O JAMEER KHAN, AGED ABOUT 29 YEARS, R/AT HANDENAHALLI VILLAGE, MEDIMALLA SANDRA ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK, BANGALORE DISTRICT - 560 067. …PETITIONER (BY SRI. SRIRAM M., ADVOCATE) AND: STATE OF KARNATAKA BY SHO OF HALASURU GATE P.S. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. CHANNAPPA EERAPPA., HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN SC.NO.276/2025 (CRIME NO.32/3024 IN C.C.NO.16454/2024) OF HALASURU GATE P.S., FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 302, 364, 201, 120(B) R/W 34 OF INDIAN PENAL CODE AND 4, 25(1B)(B) OF ARMS ACT OF HALASURU GATE POLICE STATION, PENDING ON THE FILE OF HON'BLE LXIII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH- 64) AT BENGALURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51428 CRL.P No. 9539 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.3 in SC No.276/2025 pending before the Court of LXIII Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.32/2024 registered by Halasurgate Police Station, Bengaluru, for the offences punishable under Sections 4 and 25(1B)(B) of the Arms Act, 1959 and Sections 34, 120B, 201, 364 and 302 of IPC, is before this Court in this successive petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.32/2024 was registered by a Halasurgate Police Station, Bengaluru, against unknown persons based on the first information dated 20.02.2024 received from Smt. Husenar Bi Bi, who is the wife of deceased Mohammad Atar Ali, after he was found missing from 19.02.2024 onwards. During the course of investigation, accused Nos.1 and 2 were arrested on 20.02.2024. Petitioner herein was arrested on 14.03.2024 - 3 - HC-KAR NC: 2025:KHC:51428 CRL.P No. 9539 of 2025 and after completing investigation, charge sheet is filed in the present case for the aforesaid offences against four persons and petitioner is arraigned as accused No.3 in the charge sheet. His bail application filed before the jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.10672/2024, which was dismissed as withdrawn on 08.11.2024. Thereafter, petitioner had filed a fresh bail application before the Trial Court in SC No.276/2025, which was rejected on 03.05.2022. It is under these circumstances, petitioner is before this Court in this successive bail petition. 4. FIR was registered in Crime No.32/2024 by Halasurgate Police Station, Bengaluru, against unknown persons after they received a missing complaint from the wife of deceased Mohammad Atar Ali. During the course of investigation of the said case, it appears that the mobile phone of deceased Mohammad Atar Ali was traced in the car belonging to accused No.1 - Shanuyaz Mandal. Thereafter, accused Nos.1 and 2 were arrested on 20.02.2024. Based on the confession statement of the arrested accused, petitioner herein was subsequently arrested on 14.03.2024 and remanded to judicial custody. After - 4 - HC-KAR NC: 2025:KHC:51428 CRL.P No. 9539 of 2025 completing investigation, charge sheet was filed against four persons and petitioner is arraigned as accused No.3 in charge sheet. 5. As per the charge sheet allegations, accused No.1 was earlier employed with the deceased. Accused No.1 allegedly had sought sexual favour from the wife of deceased and she had opposed the same and also informed about the same to her sister CW5, who in turn had abused accused No.1. Deceased allegedly owned two jewellery shops and accused No.1, who had developed ill-will against deceased and his family members allegedly decided to eliminate deceased Mohammad Atar Ali and accordingly, had contacted his friend accused No.2, who in-turn had introduced accused Nos.3 and 4 to accused No.1. In furtherance of conspiracy between accused Nos.1 to 4, on 19.02.2024 between 09.00 p.m. to 09.30 p.m., accused Nos.1, 2 and 4 picked up Mohammad Atar Ali in car bearing registration No.KA51/MM9679 allegedly belonging to accused No.1 and subsequently, even accused No.3 joined them. When they reached near eucalyptus plantation near Devanagundi-Hirekalluguttallu road, they parked the car and - 5 - HC-KAR NC: 2025:KHC:51428 CRL.P No. 9539 of 2025 accused Nos.3 and 4 allegedly strangulated the neck of Mohammad Atar Ali with a rope while accused Nos.1 and 2 held his legs and committed murder his murder. Thereafter, accused No.3 allegedly cut open the stomach of deceased with a knife and threw the dead body of the deceased in south Pinakini River. During the course of investigation, dead body of deceased Mohammad Atar Ali was recovered at the instance of accused Nos.1 and 2. 6. Petitioner herein has been arrested on the basis of the confession statement of accused Nos.1 and 2, who were arrested on 20.02.2024, after the mobile phone of deceased was traced inside the car of accused No.1. Undisputedly, the entire case of the prosecution is based on circumstantial evidence. Except one criminal case which was registered against the petitioner for offences punishable under Section 324 and 506 of IPC, the petitioner has no other criminal antecedents. He is in custody for the last nearly 19 months. The trial in the case is yet to commence. Accused No.2 has been granted regular bail by this Court in Crl.P.No.6083/2024 disposed off on 25.09.2024. In the charge sheet, 47 charge - 6 - HC-KAR NC: 2025:KHC:51428 CRL.P No. 9539 of 2025 sheet witnesses have been cited and therefore, the chances of trial being completed and case being disposed off on merits in the near future is very remote. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.276/2025 pending before the Court of LXIII Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.32/2024 registered by Halasurgate Police Station, Bengaluru, for the offences punishable under Sections 4 and 25(1B)(B) of the Arms Act, 1959 and Sections 34, 120B, 201, 364 and 302 of IPC, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the - 7 - HC-KAR NC: 2025:KHC:51428 CRL.P No. 9539 of 2025 Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 2