- 1 - HC-KAR NC: 2025:KHC:36090 CRL.P No. 12190 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12190 OF 2025 BETWEEN: AKBAR S/O ABDUL REHAMAN, AGED ABOUT 40 YEARS, R/A # 220/A, 30TH MAIN, SWAGATH MAIN ROAD, OPP. K.G. HOSPITAL BTB AREA, TILAK NAGAR, BENGALURU-560 041. …PETITIONER (BY SRI. G.M. SHARATH KUMAR, ADVOCATE) AND: THE STATE BY BEGURU PS BENGALURU CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) THIS CRL.P FILED U/S.439 CR.P.C (FILED U/S.483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.416/2024 (C.C.NO.10261/2025) ON THE FILE OF THE IX ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY, FOR THE OFFENCES PUNISHABLE U/S 103(1) OF BHARATIYA NYAYA SANHITA (BNS), 2023, REGISTERED BY BEGURU PS. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36090 CRL.P No. 12190 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred under Section 483 of BNSS, 2023, praying to enlarge the petitioner on bail in Cr.No.416/2024 of Beguru Police Station, Bengaluru City, registered for the offence punishable under Section 103(1) of BNS, 2023. 2. Brief facts of the case : The deceased, Ali Afsar was running A.A.Beef Stall in A.K.Colony, opposite to Karagadha Amma Temple, Begur Road. The accused was working in the said shop and prior to that he was working in the shop of CW-7, brother of the deceased. At that time, he had taken hand loan of Rs.2 lakhs from CW-7. Thereafter, he opened his own Beef Stall and once again borrowed a sum of Rs.1,20,000/- from CW-7. As CW-7 was demanding the said amount from the accused, he started working in the Beef Stall of the deceased. CW-7 - 3 - HC-KAR NC: 2025:KHC:36090 CRL.P No. 12190 of 2025 informed his brother i.e., deceased Ali Afsar about the sum owed to him by the accused. Further, accused had not remitted the amount received from selling beef, to the deceased. Whenever the deceased asked the accused to return the amount, he was quarrelling with him. Accused had promised CW7 that he would pay him every month a sum of Rs.20,000/-. On 20.12.2024, when the accused went and asked the deceased to give him a sum of Rs.20,000/-, deceased refused to give him money. Again on 21.12.2024, accused asked him to give him Rs.20,000/-, but the deceased refused. Once again, on 23.12.2024, at about 9.30 p.m., accused went and asked the deceased to give him Rs.20,000/-. When the deceased refused again, a verbal quarrel took place. The accused pushed the deceased and when he fell down, assaulted him with a chopper on his neck and committed his murder. 3. Learned counsel for the petitioner contended that there are no eye witnesses to the incident. The entire - 4 - HC-KAR NC: 2025:KHC:36090 CRL.P No. 12190 of 2025 case is based on circumstantial evidence. The only material the prosecution relying is extra judicial confession allegedly made by the accused before CW-22, his brother. He contended that the said evidence is not a material evidence and therefore, by imposing conditions, the petitioner may be enlarged on bail. He submitted that the petitioner is in judicial custody since 24.12.2024. Now, investigation is completed and chargesheet is filed. Petitioner is ready and willing to abide by any conditions, which may be imposed by the Court. 4. Learned Addl. SPP opposed the prayer for bail contending that apart from the extra judicial confession, there are other materials collected by the prosecution such as recovery of blood stained pant, shirt and shoes at the instance of the petitioner. She contended, the witnesses have spoken about the motive and the money transaction. She contended that the offence committed is heinous in nature, punishable with death or imprisonment for life and therefore, petitioner is not entitled for bail. - 5 - HC-KAR NC: 2025:KHC:36090 CRL.P No. 12190 of 2025 5. The petitioner/accused is alleged to have committed the murder by assaulting the deceased with a chopper on his neck. The weapon was seized from the spot. Blood stained pant, shirt and shoes are recovered from the accused. The accused has confessed to CW22 about the offence he committed. Witnesses have given their statement regarding the money transactions. 6. As per post mortem report, the following injuries are noticed: Chop wound measuring 18cm x 1cm x vertebral bone deep, with clean cut margins, severing the skin, facsia, muscles, nerves, blood vessels, cervical vertebrae and completely transecting the spinal cord at the level of C3- C4 cervical vertebrae level is present over back of the neck and exposing all the severed structures along with the spinal cord. Cause of death is due to complete spinal cord transition at cervical level as a result of injury. - 6 - HC-KAR NC: 2025:KHC:36090 CRL.P No. 12190 of 2025 7. The offence committed is serious in nature, which is punishable with death or imprisonment for life. Considering the nature and gravity of the offence, petitioner is not entitled for bail. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 36