- 1 - HC-KAR NC: 2025:KHC:54396 CRL.P No. 15855 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15855 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. ZAHEER AHAMED @ ZHEER @ KHALU S/O LATE ZAMEER AHMED AGED ABOUT 21 YEARS RESIDING AT NEAR KHAZA CIRCLE YARAB NAGAR, KOTTIPURA RAMANAGARA TOWN RAMANAGARA-562 159. …PETITIONER (BY SRI MOHAN KUMAR T , ADVOCATE FOR SRI. A.N. RADHA KRISHNA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BANGALORE CITY RAILWAY POLICE BENGALURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS BANGALORE-560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CRI. No. 8/2024 OF FOR OFFENCES PUNISHABLE RAILWAY POLICE, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54396 CRL.P No. 15855 of 2025 BENGALURU CITY UNDER SECTIONS 302, 201, R/W 34 INDIAN PENAL CODE. 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 the BNSS praying to grant bail in Crime No.8/2024 of Bengaluru City Railway Police Station, registered for offences under Section 302, 201 read with Section 34 of IPC, pending in S.C.No.43/2024 on the file of Principal District and Sessions Judge, Ramanagara. 2. Heard learned counsel for petitioner and learned HCGP for respondent / State. 3. Learned counsel for the petitioner would contend that there are no eye witnesses to the incident and the case of the prosecution is based on circumstantial evidence. Accused No.2 has been granted bail by this Court. Except CW.16 and CW.17 who stated to have last seen accused Nos.1 and 2 and the deceased together at - 3 - HC-KAR NC: 2025:KHC:54396 CRL.P No. 15855 of 2025 09.00 p.m. on 20.01.2024, there are no other circumstances against this petitioner. The petitioner is in judicial custody since 24.01.2024 and 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 HCGP would contend that the petitioner is a person who assaulted the deceased with cement stone on his head and killed him. The charge sheet shows prima facie case against the petitioner for the offences alleged against him. With this, he prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. The accusation against the accused persons is that the deceased was insisting CW.15, the younger sister of accused No.1 to love him and also abused the mother of accused No.1 in filthy language. Enraged by the same, - 4 - HC-KAR NC: 2025:KHC:54396 CRL.P No. 15855 of 2025 accused No.1 has planned and took the deceased to a Bar and made him to drink, and took him on scooter near railway station platform No.1, and accused No.1 assaulted him with stick twice. When he fell down, accused No.1 put cement stone on his head and killed him and accused No.3 helped accused Nos.1 and 2 to put petrol to vanish the evidence. There are no eye witnesses to the incident and the entire case of prosecution is based on circumstantial evidence. CW.16 and CW.17 are two witnesses who stated to have seen accused Nos.1 and 2 and deceased together on 22.01.2024 at 09.00 p.m. As the case of the prosecution is based on circumstantial evidence, each of the circumstances have to be proved at the trial. There are no criminal antecedents of the petitioner. As the charge sheet is filed, petitioner is not required for custodial interrogation. 7. Considering the above aspect, the petitioner has made out a case for grant of bail with conditions. In the result, the following: - 5 - HC-KAR NC: 2025:KHC:54396 CRL.P No. 15855 of 2025 ORDER The petition is allowed. The petitioner is granted bail in Crime No.8/2024 of Bengaluru City Railway Police Station registered for the offences punishable under Sections 302, 201 read with Section 34 of IPC, subject to following conditions: a) The petitioner 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 Trial Court b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner shall attend the Trial Court on all dates of hearing, unless exempted and co- operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 31 Ct.sm