- 1 - HC-KAR NC: 2026:KHC:33905 CRL.P No. 4999 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.4999 OF 2026 BETWEEN: 1. SYED MUZAMIL @ BAKERY MUZAMIL S/O SYED MUKTHIYAR AGED ABOUT 27 YEARS R/AT NO.720, 10TH CROSS SER BANDE, BSK PRAGATIPURA BANASHANKARI, 2ND STAGE BENGALURU-560070 2. YASEEN PASHA @ ADDU S/O AKMAL PASHA AGED ABOUT 23 YEARS R/AT 2ND CROSS IDGA MOHALLA D.J.HALLI BENGALURU-560045 …PETITIONERS (BY SRI. NARAYANA SWAMY M, ADVOCATE) AND: 1. STATE BY D. J.HALLY POLICE STATION BANGALORE REPRESENTED BY THE STATE PUBLIC PROSECUTOR Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33905 CRL.P No. 4999 of 2026 HIGH COURT COMPLEX BENGALURU - 560001 …RESPONDENT (BY SRI.VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/SEC.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT BAIL TO THE PETITIONERS WHO ARE ACCUSED NO.1 AND 2 IN CRIME NO.144/2022 S.C.NO.1458/2022 FOR OFFENCE P/U/SEC.302 R/W SEC 34 OF IPC OF DEVARAJEEVANAHALLI P.S., PENDING ON THE FILE OF THE COURT OF THE LXXIV ADDL CITY CIVIL AND SESSIONS JUDGE MAYO HALL UNIT, BENGALURU (CCH-75) AT MAYO HALL, BENGALURU AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 2 in S.C.No.1458/2022 pending before the Court of LXXIV Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru (CCH-75) arising out of the Crime No.144/2022 registered by the Devarajeevanahalli Police Station, Bengaluru for the offences punishable under Section 302 read with 34 of IPC - 3 - HC-KAR NC: 2026:KHC:33905 CRL.P No. 4999 of 2026 are before this Court in this bail petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime.No.144/2022 was registered by the Devarajeevanahalli Police Station, Bengaluru initially for the offences punishable under Section 307 read with 34 of IPC., against accused No.1 - Muzamil and another based on the first information dated 11.04.2022 received from Mohammed Sufiyan, who is the deceased in the present case. It appears that Mohammed Sufiyan had died in the hospital subsequently on 14.04.2022 and thereafter, the offence punishable under Section 302 of IPC was invoked in the present case. During the course of investigation, accused Nos.1 and 2 were arrested on 15.04.2022 and remanded to judicial custody. Their bail application filed before the trial Court in SC No.1458/2022 was rejected on 15.09.2025 and therefore, they are before this Court. - 4 - HC-KAR NC: 2026:KHC:33905 CRL.P No. 4999 of 2026 4. Learned counsel for the petitioner submits that the petitioners are in custody for the last four years. Even as per the charge sheet allegations, the allegation of assaulting the deceased with deadly weapons is only as against accused No.1. Accused No.2 is a youngster aged about 23 years and his name was not found in the FIR, which was registered based on the first information received from injured - Mohammed Sufiyan. He submits that out of the six charge sheet witnesses examined in the present case, three of them have turned hostile to the case of prosecution. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader, who has opposed the petition, submits that CW.9 - Syed Mubarak is an eye witness to the incident in question and he has specifically stated that he had seen accused Nos.1 and 2 arriving at the spot in a scooter and thereafter, accused No.1 assaulting the deceased with deadly weapons. He submits that if the accused are - 5 - HC-KAR NC: 2026:KHC:33905 CRL.P No. 4999 of 2026 granted bail, they may tamper with the material prosecution witnesses. He, accordingly, prays to dismiss the petition. 6. At this stage, learned counsel for the petitioner submits that insofar as accused No.1 is concerned, the petition may be dismissed as not pressed with liberty to renew the bail application, after CW.9 - Syed Mubarak is examined before the trial Court. 7. The said submission is placed on record 8. FIR in the present case was registered against accused No.1 and another based on the first information dated 11.04.2022 received from Mohammed Sufiyan, who is the deceased in the present case. The first informant has stated that accused No.1 had some ill will against him and it is in this background, on 11.04.2022 at about 03.00 p.m., accused No.1 and another person came in a scooter and thereafter, accused No.1 assaulted him with - 6 - HC-KAR NC: 2026:KHC:33905 CRL.P No. 4999 of 2026 deadly weapons and escaped in the vehicle in which the accused persons had arrived at the scene of occurrence. 9. The allegation of assaulting Mohammed Sufiyan is found in the first information only as against accused No.1. Mohammed Sufiyan, who had sustained grievous injuries in the present case, subsequently succumbed to the injuries and died in the hospital on 14.04.2022. Thereafter, accused Nos.1 and 2 were arrested on 15.04.2022 and remanded to judicial custody. Even in the charge sheet, the allegation of assaulting Mohammed Sufiyan with deadly weapons is found only as against accused No.1. CW.9 - Syed Mubarak, who is said to be an eye witness, has stated that it was only accused No.1, who had assaulted Mohammed Sufiyan with deadly weapons. The only allegation as against accused No.2 is that he had instigated accused No.1 to assault Mohammed Sufiyan. 10. The submission made by the learned counsel for the petitioners that accused Nos.1 and 2 have no other - 7 - HC-KAR NC: 2026:KHC:33905 CRL.P No. 4999 of 2026 any criminal antecedents is not seriously disputed by the learned HCGP. Accused No.2 is in custody for the last more than 4 years. Under these circumstances, I am of the opinion that the prayer for grant of regular bail needs to be answered in the affirmatively insofar as accused No.2 is concerned. 11. Accordingly, the following: ORDER (i) The Criminal Petition is partly allowed. (ii) The Criminal Petition is dismissed as not pressed as against accused No.1 with liberty to renew his bail application before the Trial Court after C.W.9 - Syed Mubarak is examined. (iii) It is needless to state that the trial Court as well as the prosecution shall make endeavors to examine C.W.9 at the earliest. (iv) The Criminal Petition is allowed insofar as it relates to accused No.2 and he is directed to be enlarged - 8 - HC-KAR NC: 2026:KHC:33905 CRL.P No. 4999 of 2026 on bail in S.C.No.1458/2022 pending before the Court of LXXIV Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru (CCH-75) arising out of the Crime No.144/2022 registered by the Devarajeevanahalli Police Station, Bengaluru for the offences punishable under Section 302 read with 34 of IPC, subject to the following conditions: a) Accused No.2 shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) Accused No.2 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) Accused No.2 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Accused No.2 shall not involve in similar offences in future; - 9 - HC-KAR NC: 2026:KHC:33905 CRL.P No. 4999 of 2026 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 NBM List No.: 1 Sl No.: 53