- 1 - HC-KAR NC: 2025:KHC:37043 CRL.P No. 10856 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10856 OF 2025 BETWEEN: SRI ZAHEEDULLA KHAN @ KAALU @ JAHID KHAN S/O FAJIL VULLA KHAN @ FAJLU HAJARATH AGED ABOUT 23 YEARS, R/AT NEAR BILLAL MOSQUE, BAILANARASAPURA VILLAGE, NANDAGUDI HOBLI, HOSAKOTE THALUK, BANGALORE RURAL - 571114 …PETITIONER (BY SRI. DUSHYANTH ARADHYA H C.,ADVOCATE) AND: STATE OF KARNATAKA BY BY STATION HOUSE OFFICER, NANDAGUDI POLICE STATION, BANGALORE RURAL DISTRICT , REPRESENTED BY GOVERNMENT PLEADER, AMBEDKAR VEEDHI, BENGALURU- 560 001. …RESPONDENT (BY SRI. R.RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE PETITIONER / ACCUSED NO.1 ON BAIL IN CRIME NO.6/2025 OF THE RESPONDENT POLICE, FOR OFFENCE P/US/ 109, 118(1), 189(2), 126(2), 189(2), 191(2), 191(3), 351(2), 352 R/W SEC. 190 OF BNS 2023, R/W SEC. 25(1A), 3 OF ARMS ACT PENDING BEFORE THE HON'BLE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37043 CRL.P No. 10856 of 2025 ADDL.CITY CIVIL (JR.DIV) AND JMFC, HOSALOTE, BENGALURU RURAL, BY IMPOSING ANY CONDITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.1 in Crime No.6/2015 of Nandagudi Police Station, Bengaluru District has preferred this petition under Section 483 of the BNSS 2023, to enlarge him on bail. 2. Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 3. On the basis of a complaint lodged by one Syed Isfan, son of Imtiyaz Ahmad, aforementioned case is registered against accused Nos. 1 to 7 for the offence punishable under Section 109, 118(1), 189(2), 190, 191(2), 191(3), 351(2) and 352 of the BNS 2023. - 3 - HC-KAR NC: 2025:KHC:37043 CRL.P No. 10856 of 2025 4. Charge sheet is filed against accused Nos. 1 to 7 for the above mentioned offences and Section 25(1A) and 3 of the Arms Act, 1959. Petitioner is arraigned as accused No.1. He was arrested on 14.01.2025. He is in judicial custody since then. 5. It is the case of prosecution that, on account of previous enmity, on 12.01.2025 between 06.30 and 08:00 p.m., all the accused formed an unlawful assembly with a common object of committing the murder of C.Ws.1 to 3, assaulted them with chopper, wooden club etc. and caused grievous injury to C.W.2-Syed Julain and simple injury to C.W.1-Syed Isfan. 6. As per the wound certificate of C.W.1, he has sustained following injuries:- (i) Incised wound, skin flap 4X2 cms, anterior aspect of left thigh, proximal ⅓rd (ii) Incised wound, superficial, 4 cms, medial aspect of right forearm, mid ⅓rd, (iii) Pain and tenderness on right side of upper back, scapular aspect. - 4 - HC-KAR NC: 2025:KHC:37043 CRL.P No. 10856 of 2025 The above injuries are stated to be simple in nature. 7. C.W.2 has sustained following injury:- (i) Ⓛ wrist and palm CLW with multiple tendon nerve, artery injury with 1st CMC joint fracture with instability. The above injury sustained by CW.2 is stated to be grievous in nature. 8. The specific overt act against petitioner, arraigned as accused No.1 is that he was holding a pistol and he assaulted CW.2 with a chopper and in the process of evading the said blow, CW2 sustained grievous injuries to his left hand. 9. The learned HCGP has contended that pistol and chopper are recovered from the petitioner. He further contended that C.Ws.1 and 2 are the injured and C.W.3 to 7 are the eyewitnesses and since, the petitioner has caused grievous injury to one of the victims, he is not entitled for bail. - 5 - HC-KAR NC: 2025:KHC:37043 CRL.P No. 10856 of 2025 10. Learned counsel for petitioner has however, contended that in the FIR it is not alleged that the petitioner was armed with a pistol, but it is introduced later while filing charge sheet. He contended that all the accused except the petitioner have been enlarged on bail, whereas the petitioner is languishing in judicial custody for the last 8 months. He submitted that the petitioner is ready and willing to abide by any conditions and sought to enlarge him on bail. 11. According to prosecution, all the accused forming an unlawful assembly, armed with chopper, clubs and a pistol attacked the victims and inflicted grievous injury to CW.2 and simple injuries to CW1. It is not in dispute that accused Nos. 2 to 7 are on bail. It is alleged by the prosecution that the petitioner was armed with a pistol at the time of incident. However, in the complaint, which is lodged by one of the injured, he has not mentioned about the petitioner being armed with a pistol. The injury sustained by CW2, which is alleged to have - 6 - HC-KAR NC: 2025:KHC:37043 CRL.P No. 10856 of 2025 been caused by the petitioner, is not on the vital part of the body. The prosecution has to establish during trial that the petitioner had an intention to commit murder. Investigation is completed and charge sheet is filed. Petitioner is in judicial custody from 14.01.2025. He has no criminal antecedents. Considering that all the other accused are enlarged on bail, the relief sought by the petitioner can be granted. Hence, the following:- ORDER i) Petition is allowed. ii) Petitioner/accused No.1. in Crime No.6/2025 of Nandagudi Police Station, Bengaluru District pending before IX Additional District at Sessions Judge, Bangalore Rural District, Bangalore, in S.C.No.161/2025 is enlarged on bail, subject to the following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the - 7 - HC-KAR NC: 2025:KHC:37043 CRL.P No. 10856 of 2025 likesum, to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 36