- 1 - HC-KAR NC: 2026:KHC:34130 CRL.P No. 7496 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7496 OF 2026 BETWEEN: SRI SALEEM PASHA S/O SRI MAGTIYAR AGED ABOUT 36 YEARS RESIDING AT NO.71 11TH CROSS, BELLANDUR BENGALURU CITY - 560 103. …PETITIONER (BY SRI MOHAMED ZULFIKHAR AHAMED, ADV.) AND: STATE OF KARNATAKA BELLANDURU POLICE STATION REP. BY, THE STATE PUBLIC PROSECUTOR HIGH COURT KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ORDER FOR THE RELEASE OF THE PETITIONER FROM JUDICIAL CUSTODY IN SC.NO.1472/2023 ARISING OUT OF CR.NO.126/2023 OF THE RESPONDENT BELLANDURU P.S., FOR THE OFFENCES P/U/S 34 AND 302 OF IPC, PENDING BEFORE THE HONBLE LXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34130 CRL.P No. 7496 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 in S.C.No.1472/2023 pending before the Court of LXIII Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.126/2023 registered by Bellanduru Police Station, Bengaluru City, for the offences punishable under Section 302 of IPC read with Section 34 of IPC, is before this Court under Section 433 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.126/2023 was registered by Bellanduru Police Station, Bengaluru City, for the offences punishable under Section 302 of IPC read with Section 34 of IPC against the Suresh and the petitioner herein on the basis of the first information dated 29.04.2023 received from Shivalingu S/o Bommalingu, who is the relative of deceased Chethan. During the course of investigation, petitioner herein was arrested and remanded to judicial custody on 30.04.2023. Investigation in the case is complete and charge sheet has now been filed against two persons. Petitioner is arraigned as accused No.2 in - 3 - HC-KAR NC: 2026:KHC:34130 CRL.P No. 7496 of 2026 the charge sheet. Bail application filed by him before the Trial Court, was rejected on 02.05.2026. Therefore, he is before this Court. 4. A perusal of the first information would reveal that incident in question had taken place on the intervening night of 28.04.2023 and 29.04.2023. However, as per the charge sheet allegations, the incident in question had taken place on the intervening night of 29.04.2023 and 30.04.2023. Petitioner, who has no criminal antecedents is in custody from 30.04.2023. Investigation in the case is complete and charge sheet has been filed. As per the charge sheet allegations, accused Nos.1 and 2 had troubled deceased Chethan, who was sleeping on the intervening night of 29.04.2023 and 30.04.2023 and therefore, Chethan had abused the accused persons using filthy language. Enraged by this, accused No.1 had assaulted the deceased Chethan with a cement block on his head and had committed his murder. The entire case of the prosecution is based on circumstantial evidence. Petitioner, who has no criminal antecedents is in custody from 30.04.2023 and the evidence of charge sheet witnesses is yet to be recorded by - 4 - HC-KAR NC: 2026:KHC:34130 CRL.P No. 7496 of 2026 the Trial Court. Prosecution has altogether cited 30 charge sheet witnesses in the present case. Considering the aforesaid aspects of the matter, I am of the opinion that prayer made by the petitioner for grant of regular bail requires to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.1472/2023 pending before the Court of LXIII Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.126/2023 registered by Bellanduru Police Station, Bengaluru City, for the offences punishable under Section 302 of IPC read with Section 34 of IPC, subject to the following conditions: a) 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; - 5 - HC-KAR NC: 2026:KHC:34130 CRL.P No. 7496 of 2026 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 KK