- 1 - HC-KAR NC: 2025:KHC:52545 CRL.P No. 15302 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15302 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: MOIN PASHA S/O MUNAWAR PASHA, AGED ABOUT 32 YEARS, R/AT: BEHIND BRILLILANT SCHOOL, HYDERINAGARA, MULBAGAL, KOLAR DISTRICT - 563 131. …PETITIONER (BY SRI. SREEDHARA G.R., ADVOCATE) AND: THE STATE OF KARNATAKA BY MULBAGAL RURAL POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, DR. AMBEDKAR VEEDI, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ORDER FOR HIS RELEASE ON REGULAR BAIL IN S.C.NO.153/2025 IN CRIME NO.96/2025 (ACCUSED NO.1) FOR THE OFFENCE PUNISHABLE UNDER SECTION 103(1) READ WITH SECTION 3(5) OF BNS 2023 REGISTERED BY MULBAGAL RURAL POLICE STATION, NOW PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT KOLAR. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52545 CRL.P No. 15302 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.1 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in S.C.No.153/2025 (Crime No.96/2025 of Mulbagal Rural Police Station) pending on the file of II Additional District and Sessions Judge, Kolar, registered for offence punishable under Section 103(1) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State. 3. Learned counsel for petitioner would contend that, there are no eyewitnesses to the incident and the case of the prosecution is based on circumstantial evidence. Even though, iron rod is used at the instance of this petitioner, there are no blood stains found on it. The - 3 - HC-KAR NC: 2025:KHC:52545 CRL.P No. 15302 of 2025 allegation against the petitioner is stabbing with the said iron rod. But the said iron rod is not having any blood stains. There is a recovery of bike of this petitioner which was parked near his house and it is also not having any blood stains. As the charge sheet is filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, the postmortem report indicates that, the death of the deceased was due to stab injuries. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. The petitioner is alleged to have stabbed the deceased with iron rod and there is a recovery of the said iron rod and bike of the petitioner. With these, she prayed for dismissal of the petition. - 4 - HC-KAR NC: 2025:KHC:52545 CRL.P No. 15302 of 2025 5. Having heard the learned counsels appearing for the parties, the Court has perused the charge sheet and other materials placed on record. 6. The case of the prosecution is that, the deceased had taken advance money to work as a cleaner in the vehicle of accused No.1. He did not come for work and he did not repay the advance amount. Therefore, the petitioner/accused No.1 on 30.03.2025 at 11.00 a.m. took the deceased on his bike and accused Nos.2 to 4 joined them and all of them consumed alcohol with C.W.17. After consumption of alcohol C.W.17 went back. Thereafter, accused Nos.1 to 4 made the deceased to consume alcohol and asked him to repay the advance amount and the deceased said he will not return advance money. At that time, accused Nos.3 and 4 held the deceased and the petitioner/accused No.1 stabbed the deceased with iron rod on his chest, ribs and back, accused No.2 assaulted the deceased with fist on his chest and accused No.4 assaulted the deceased with fist on his stomach. - 5 - HC-KAR NC: 2025:KHC:52545 CRL.P No. 15302 of 2025 7. There are no eyewitnesses to the incident. The case of the prosecution is based on circumstantial evidence. There is a recovery of iron rod at the instance of this petitioner, but there are no blood stains on the said iron rod. There is a recovery of bike at the instance of this petitioner and there are no blood stains found on said bike. As the case of the prosecution is based on circumstantial evidence, the prosecution has to establish each of the circumstances at trial. There are no criminal antecedents of the petitioner. 8. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted bail in S.C.No.153/2025 (arising out of Crime No.96/2025 of Mulbagal Rural Police Station) pending on the file of II Additional District and Sessions Judge, Kolar, subject to following conditions: - 6 - HC-KAR NC: 2025:KHC:52545 CRL.P No. 15302 of 2025 i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 14