- 1 - HC-KAR NC: 2025:KHC:52565 CRL.P No. 15314 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. 15314 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. ASIF PASHA @ ASIF S/O IMTHIYAAZ PASHA AGED ABOUT 29 YEARS R/O No. 8/10, 3RD MAIN ROAD NEAR RUKSHANA FUNCTION HALL BISMILLA NAGAR, GURAPPANAPALYA BANGALORE, KARNATAKA – 560 029. 2. SAIFUR REHAMAN @ SAIF S/O LATE REHAMAN AGED ABOUT 32 YEARS R/O. GROUND FLOOR BISMILLA MASJID, TANKBAND MAIN ROAD BISMILLA NAGAR, GURAPPANAPALYA BANGALORE, KARNATAKA – 560 029. …PETITIONERS (BY SRI SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SUDDANGUNTE PALYA POLICE STATION REP. BY SPP, HIGH COURT BUILDING BANGALORE- 560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52565 CRL.P No. 15314 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE ACCUSED No.2/PETITIONER No.1 AND ACCUSED No.3/PETITIONER No.2 ON REGULAR BAIL IN CR.No.276/2025 OF SUDDANGUNTEPALYA P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109,115(2),126(2),351(3),352 R/W 3(5) OF BNS. 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 Nos.2 and 3 under Section 483 of BNSS praying to grant bail in Crime No.276/2025 of Sudduguntepalya Police Station registered for offences punishable under Sections 109, 115(2), 126(2), 351(3), 352 read with Section 3(5) 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 the serious overtact is alleged against accused No.1, assaulting the injured with deadly weapon. The overtact alleged against the petitioners -accused Nos.2 and 3 is that they assaulted with their hands and - 3 - HC-KAR NC: 2025:KHC:52565 CRL.P No. 15314 of 2025 held the injured. The petitioners are in judicial custody since 17.10.2015 and as major portion of the investigation is over, they are not required for custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP for the respondent -State would contend that the injury sustained by the injured is grievous injury. The petitioners have admitted their participation in the crime in their voluntary statement. The eyewitness has stated the acts of the petitioners. The investigation is in progress. With these, she prays to reject the petition. 5. Having heard learned counsels, this Court has perused the charge sheet and other materials placed on record. 6. On perusal of the averment of the complaint, it indicate that the accused Nos.1 to 4 have stopped the injured, abused him in filthy language and tried to hold him and at that time he tried to escape and they held him and assaulted him with hands. At that time accused No.1 - 4 - HC-KAR NC: 2025:KHC:52565 CRL.P No. 15314 of 2025 assaulted the injured with sharp weapon on his chest and dragged it till the stomach and caused injury. The serious overtact is alleged against accused No.1, assaulting the inured with sharp weapon. The allegation against petitioners is that they held the injured and assaulted him with hands. Petitioners are in judicial custody since 17.10.2025 and as major portion of investigation is over, they are not required for custodial interrogation. Petitioners are not having any criminal antecedents. Considering the above aspects, the petitioners have made out case for grant of bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioners are granted bail in Crime No.276/2025 of Sudduguntepalya Police Station subject to following conditions: a) Petitioners –accused Nos.2 and 3 shall execute a personal bond for sum of Rs.1,00,000/- each - 5 - HC-KAR NC: 2025:KHC:52565 CRL.P No. 15314 of 2025 with one surety for the like sum to the satisfaction of the jurisdictional Court. b) Petitioners –accused Nos.2 and 3 shall not tamper the prosecution witnesses either directly or indirectly. c) Petitioners –accused Nos.2 and 3 shall co- operate with Investigating Officer in further investigation if any. d) Petitioners –accused Nos.2 and 3 shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. e) Petitioners –accused Nos.2 and 3 shall not involve in commission of any offence. The petitioners are found involved in commission of any offence, the prosecution is at liberty to move an application seeking cancellation of bail granted to them. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 17 Ct.sm