- 1 - HC-KAR NC: 2026:KHC:25601 CRL.P No. 719 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.719 OF 2026 (439(Cr.PC) / 483(BNSS) BETWEEN: 1. JABEE ULLA S/O AJAR PASHA, AGED ABOUT 25 YEARS, R/AT ISLAMPURA, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL-562110 …PETITIONER (BY SRI. ADARSHA R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY NELAMANGALA RURAL POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BANGALORE-560001 …RESPONDENT (BY SRI.VINAY MAHADEVAIAH, HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE PETITIONER PRAYING TO RELEASE THE PETITIONER/ACCUSED NO.9 ON BAIL IN SC NO.289/2025 (CRIME NO.185/2025) REGISTERED BY THE RESPONDENT/NELAMANGALA RURAL POLICE STATION FOR THE ALLEGED OFFENCES P/U/S 103(1), 238, 61(1)(2), 140(1) R/W 190 OF BNS 2023 NOW PENDING ON THE FILE OF THE VIII ADDL.DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25601 CRL.P No. 719 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The accused No.9 in S.C.No.289/2025 pending before the Court of VIII Additional District and Sessions Judge, Bangalore Rural District, Bangalore, arising out of Crime No.185/2025 registered by Nelamangala Rural Police Station, Bangalore, for the offences punishable under Section 103(1), 238, 61(1)(2), 140(1) r/w 190 of the Bharatiya Nyaya Sanhita (BNS), 2023 (hereinafter referred to as 'BNS, 2023' for short) is before this Court in this petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard Sri.Adarsha R., learned counsel appearing for the petitioner and Sri.Vinay Mahadevaiah, learned HCGP appearing on behalf of the respondent/State. - 3 - HC-KAR NC: 2026:KHC:25601 CRL.P No. 719 of 2026 3. FIR in Crime No.139/2025 was initially registered by the Kunigal Police Station, Tumkuru for the offence punishable under Section 103(1) and 238 of BNS, 2023 against unknown persons after a dead body of an unknown person was found behind Sri Ranganatha Swamy Temple within jurisdiction of Kunigal Police Station. During the course of investigation, some of the accused were arrested and FIR in Crime No.139/2025 was transferred to Nelamangala Rural Police Station and registered as Crime No.185/2025 against Firoz Khan and others. In the said case, petitioner herein was arrested on 28.03.2025 and remanded to the judicial custody. After completing the investigation, the charge sheet has been filed as against 13 persons and the petitioner herein is arrayed as accused No.9 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.1565/2025 was rejected on 18.09.2025. It is under these circumstances, the petitioner is before this Court. - 4 - HC-KAR NC: 2026:KHC:25601 CRL.P No. 719 of 2026 4. The material on record would go to show that CW11 - Seema, wife of deceased Azaruddin had approached the Nelamangala Rural Police Station on 14.03.2025 and submitted a missing complaint alleging that her husband Azaruddin was abducted by accused No.2 - Salman Pasha and accused No.8- Salim, from her house on 13.03.2025. Based on her complaint, initially FIR was registered in Crime NO.106/2025. Subsequently, a dead body was found within the jurisdiction of Kunigal Police Station and FIR in Crime No.139/2025 was registered by Kunigal Police Station, Tumkuru. During the course of investigation of the said case, accused Nos.8, 9, 10 and 11 were arrested on 28.03.2025 and based on their confession statement, other accused were also subsequently arrested. For want of jurisdiction, FIR in Crime No.139/2025 was transferred to Nelamangala Rural Police Station and registered in Crime No.185/2025. After completing the investigation, charge sheet is filed against 13 persons. - 5 - HC-KAR NC: 2026:KHC:25601 CRL.P No. 719 of 2026 5. In the charge sheet it is alleged that accused No.1 had ill-will as against the deceased, who had cheated him in business transaction and therefore he had conspired with the other accused persons, to commit his murder. On the intervening night of 12.03.2025 and 13.03.2025 the accused Nos.1 to 12 had gone near the house of Azaruddin and had forcibly taken him in their vehicle to an isolated area and after assaulting him, committed his murder. 6. In the first information, which was initially filed by CW11- Seema, she had stated that only accused Nos.2 and 8 had come to her house and had abducted her husband on the intervening night of 12.03.2025 and 13.03.2025. Considering the said aspect of the matter, accused Nos.1 and 3 have been granted regular bail by this Court in Crl.P.No.12817/2025. The accused No.5 has been granted regular bail in Crl.P.No.13909/2025 and accused No.12 was granted regular bail by this Court in - 6 - HC-KAR NC: 2026:KHC:25601 CRL.P No. 719 of 2026 Crl.P.No.11770/2025. Undisputedly the petitioner has no other criminal antecedents. 7. Under the circumstances, I am of the opinion that without expressing any opinion on the merits and demerits of the case, prayer made by the petitioner for grant of regular bail needs to be answered affirmatively on the ground of parity subject to certain conditions. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.289/2025 pending before the Court of VIII Additional District and Sessions Judge, Bangalore Rural District, Bangalore, arising out of Crime No.185/2025 registered by Nelamangala Rural Police Station, Bangalore, for the offences punishable under Section 103(1), 238, 61(1)(2), 140(1) r/w 190 of the BNS, 2023, to the following conditions: - 7 - HC-KAR NC: 2026:KHC:25601 CRL.P No. 719 of 2026 a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DR List No.: 1 Sl No.: 45