- 1 - HC-KAR NC: 2025:KHC:33351 CRL.P No. 10947 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10947 OF 2025 BETWEEN: SRI. ROSHAN BAIG, S/O KHAJAN BAIG, AGED ABOUT 26 YEARS, R/AT KAGTTIGENAHALLI, JADIGENAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL, BENGALURU - 562 114 (THE PETITIONER IS IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. TOMY SEBASTIAN, SR. COUNSEL FOR SRI. RENY SEBASTIAN, ADVOCATE) AND: STATE OF KARNATAKA BY THIRUMALASHETTY HALLI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY MS. ASMA KOUSER, ADDL.SPP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO RELEASE OF THE PETITIONER ON BAIL IN CC.NO.3033/2025 ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC, HOSAKOTE (ARISING OUT OF CRIME NO.46/2025 OF Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33351 CRL.P No. 10947 of 2025 THIRUMALASHETTAHALLI POLICE STATION), REGISTERED FOR THE OFFENCES U/S. 103(1) OF BNS ACT. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner / sole accused in Crime No.46/2025 of Thirumalashettahalli Police Station has preferred this petition under Section 483 of BNSS, 2023, to enlarge him on bail. 2. Heard the learned Senior counsel appearing for petitioner and the learned Additional S.P.P for respondent- State. Perused the material on record. 3. FIR is registered on a complaint lodged by one Nadeem, against the petitioner for an offence punishable under Section 103(1) of BNS, 2023. The investigation is completed and charge sheet is filed. 4. It is the case of prosecution that, on 22.02.2025 at about 3:00 pm, deceased Mohin and CW.6-Zubair, in order to consume ganja came to Kattigenahalli on a two wheeler bearing Reg.No.KA-53/EL-5572. Mohin gave Rs.500/- to the - 3 - HC-KAR NC: 2025:KHC:33351 CRL.P No. 10947 of 2025 petitioner / accused to bring ganja. Since he did not return, both Mohin and Zubair went to his house and knocked the door. Since the accused did not open the door, both of them abused him, at that time, accused opened the door, stabbed Mohin on the left side of his abdomen and caused bleeding injuries. Immediately, CW.6-Zubair shifted him in the two wheeler to the Government Hospital, Malur and from there shifted him to Hoskote M.V.J Hospital. From the said hospital, while he was being taken to Jayadeva hospital in Bangalore, for higher treatment, he succumbed to the injuries. 5. The learned Senior counsel has contended that the deceased died not on account of the stab injuries caused to him by the accused, but died on account of injuries sustained when a iron rod accidentally pierced in his stomach during construction work. He contended that history furnished to the doctor at the time of admission of the injured in the hospital is construction injury. He contended that the prosecution has given a different story, alleging that the petitioner has stabbed the deceased with a knife. He submits that even the injury noticed in the post mortem report is a minor injury measuring - 4 - HC-KAR NC: 2025:KHC:33351 CRL.P No. 10947 of 2025 2x0.5 cm and there are certain abrasions seen, whereas the alleged eyewitness namely CW.6 has not at all explained about deceased sustaining those abrasions. He contended that the petitioner has no criminal antecedents and even accepting the case of prosecution, no intention can be attributed on him, as only one injury is caused, which in the ordinary course can not cause the death. He submits that the petitioner is ready and willing to abide by any conditions. Therefore, sought to allow the petition. 6. Per contra, the learned Additional S.P.P has contended that CW.6 is an eyewitness, whose statement clearly reveal that this petitioner has all of a sudden stabbed the deceased with knife on his vital part of the body. Blood stained knife and a shirt are seized at the instance of the petitioner and therefore, there is a prima-facie case against him. She contends that if the petitioner is enlarged on bail, he may tamper with the prosecution witnesses and thereby hamper the case of prosecution. Accordingly, sought to dismiss the petition. 7. The incident has taken place on 22.02.2025 at about 3:00 pm. According to prosecution, CW.6-Zubair and the - 5 - HC-KAR NC: 2025:KHC:33351 CRL.P No. 10947 of 2025 deceased gave a sum of Rs.500/- to the accused to bring ganja and since the accused did not get ganja, they went to his house and started abusing him. At that time, accused opened the door and all of a sudden stabbed the deceased on left side of his abdomen and caused bleeding injuries. He was shifted to Government Hospital, Malur, from there to M.V.J Hospital, Hoskote. While he was being taken to Jayadeva Hospital, Bengaluru, on the way, he succumbed to the injuries. 8. Regarding the injury sustained by the deceased, History furnished at General Hospital, Malur, is as Construction Site Injury. The said history was furnished when the victim was admitted in the said hospital, by CW.6-Zubair, an eye witness. Even in the complaint lodged by Nadeem, brother of the deceased, he has stated, he was informed by CW.6-Zubair that his brother i.e. victim sustained injuries when a iron rod pierced him. 9. As per P.M report, injury No.1 is measuring 2x0.5 cm over left side of the chest. Certain multiple abrasions measuring 0.5x0.5 cm to 1x0.5 are seen over the left knee and left great toe. Death is due to hemorrhage and shock as a - 6 - HC-KAR NC: 2025:KHC:33351 CRL.P No. 10947 of 2025 result of stab injury to the chest sustained. It is the contention of the learned Senior counsel that even accepting the case of prosecution, a 2x0.5 cm injury cannot be said to be caused with an intention to commit murder. 10. As already observed, when the victim was admitted at Malur General Hospital, the alleged history furnished regarding the incident is Construction Site Injury at ITC Company, at about 3:30 pm. The prosecution has to establish its case against the petitioner in a full-fledged trial. The investigation is completed and the charge sheet is filed. Petitioner has no criminal antecedents. He is a permanent resident of Hoskote Taluk, Bengaluru. Hence, the relief sought can be granted by imposing suitable conditions. Accordingly, the following: ORDER Petition is allowed. Petitioner/accused in Crime No.46/2025 of Thirumalashettahalli Police Station in C.C.No.3033/2025, pending before the learned II Additional Civil Judge and JMFC, - 7 - HC-KAR NC: 2025:KHC:33351 CRL.P No. 10947 of 2025 Hoskote, Bengaluru Rural District, Bengaluru shall be released on bail subject to following conditions: a) Petitioner shall execute a personal 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 not directly or indirectly threaten or tamper with the prosecution witnesses; c) He shall not involve in criminal activities; d) He shall not leave the jurisdiction of the Trial Court without prior permission of the said Court until the case registered against him is disposed of. e) He shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; Violation of any of the condition, shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE MKM CT:VS