- 1 - HC-KAR NC: 2025:KHC:36595 CRL.P No. 11622 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. 11622 OF 2025 BETWEEN: MOHAMMED SHOIAB @ JINNA S/O. MOHAMMANED AZEEM USHAN, AGED ABOUT 25 YEARS, OCCUPATION: FRUIT BUSINESS, R/A. KALLESHWARA BADAVANE, HOSADURGA TOWN, HOSADURGA TALUK, CHITRADURGA-577 527. …PETITIONER (BY SRI. SHEKAR L.S., ADVOCATE) AND: STATE OF KARNATAKA BY HOSADURGA PS, CHITRADURGA-577 527, (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT AN ORDER OF BAIL TO THE PETITIONER IN CR.NO.292/2025 OF HOSADURGA P.S., FOR THE OFFENCES PUNISHABLE UNDER SEC. 103(1), 238, 54 R/W 3(5) OF BHARATIYA NYAYA SANHITA, 2023 ON THE FILES OF PRL. CIVIL JUDGE (JR.DN) AND JMFC, HOSADURGA. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36595 CRL.P No. 11622 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, by accused No.8, to enlarge him on bail in Crime No.292/2025 of Hosadurga Police Station, Chitradurga, registered for the offence punishable under Section 103(1), 238, 54 r/w 3(5) of BNS, 2023. 2. First informant by name Sujatha has alleged in her complaint that her son Rajendra (deceased) married one Kirana, which was not liked by her brother Sagu @ Sagar (accused No.1) and therefore, he was nurturing ill- will against her son. It is alleged that the said Sagu @ Sagar and others have committed the murder of her son Rajendra on 24.06.2025 at about 10.50 a.m., assaulting him with choppers. - 3 - HC-KAR NC: 2025:KHC:36595 CRL.P No. 11622 of 2025 3. The first informant is not an eye witness to the incident. FIR is registered against Sagu @ Sagar, Krishnamurthy and two other unknown persons. It is alleged at the instigation of Krishnamurthy, maternal uncle of Kirana, murder was committed. 4. According to prosecution one Gowramma and first informant’s grand son by name Vishwanatha are the eye witnesses to the incident. Petitioner is not named as an accused in the FIR. In the remand application, he is arraigned as accused No.8. 5. Allegations against petitioner is that he along with accused Nos.6, 7 and 9 helped accused No.1 and others to escape in a car bearing registration No.KA-16-Z- 0245. 6. The statements of the eye witnesses do not reveal participation of the petitioner along with accused No.1, in committing the murder. The allegations that the petitioner helped the main accused from escaping in a car - 4 - HC-KAR NC: 2025:KHC:36595 CRL.P No. 11622 of 2025 etc., is a matter which has to be established in trial. Similarly placed accused No.9, has been enlarged on bail by this Court in Crl.P No.11147/2025 vide order dated 28.08.2025. Petitioner was arrested on 25.06.2025. He has been interrogated and not required for further interrogation. He has no criminal antecedents. Hence, the following: ORDER i. Petition is allowed. ii. Petitioner/accused No.8 in Crime No.292/2025 of Hosadurga Police Station, Chitradurga shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform - 5 - HC-KAR NC: 2025:KHC:36595 CRL.P No. 11622 of 2025 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 on every date of hearing without fail. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/List No.: 1 Sl No.: 39