- 1 - HC-KAR NC: 2026:KHC:34644 CRL.P No. 6824 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6824 OF 2026 BETWEEN: IRFAN PASHA S/O. FIAZ PASHA, AGED ABOUT 27 YEARS 3RD CROSS, SHAMANNA GARDEN NEAR BILAL MASJID HOSA GUDDADA HALLI MYSORE ROAD BENGALURU-560026 …PETITIONER (BY SRI. VEERANNA G. TIGADI, ADVOCATE FOR SRI.SHIVA PRASAD S., ADVOCATE) AND: STATE OF KARNATAKA BY JNANABHARATHI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001. …RESPONDENT (BY SMT.RASHMI JADHAV, ADDL. SPP.) THIS CRL.P IS FILED U/S 439 CR.P.C. (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN SC.NO.618/2020 ON THE FILE OF THE HONBLE LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-53) FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 302, 504 INDIAN PENAL CODE IN CRIME NO.67/2020 REGISTERED BY THE JNANABHARATHI POLICE AND ETC. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34644 CRL.P No. 6824 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 Accused in S.C.No.618/2020 pending before the Court of LII Additional City Civil and Sessions Judge, Bangalore, arising out of Crime No.67/2020 dated 09.03.2020 registered by Jnanabharathi Police Station, Bengaluru City for offences punishable under Sections 302 and 504 of Indian Penal Code, 1860 (for short 'IPC'), is before this Court in this successive bail petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail. 2. Heard the learned counsel appearing for the petitioner and learned Additional Special Public Prosecutor for the respondent- State. 3. FIR in Crime No.67/2020 was registered by Jnanabharathi Police Station, Bengaluru City for offences punishable under Sections 324 and 504 of IPC, against the petitioner herein based on the first information dated 09.03.2020 received from Sheik Mustak, the brother-in-law of deceased Akram. In the said case, petitioner was arrested on - 3 - HC-KAR NC: 2026:KHC:34644 CRL.P No. 6824 of 2026 10.03.2020 and remanded to judicial custody. After completion of investigation, charge sheet has been filed against the petitioner for the aforesaid offences. 4. The bail application filed by the petitioner before the Sessions Court was rejected. Therefore, the petitioner earlier had approached this Court in Crl.P.No.8105/2020 which was dismissed on 05.02.2021. Subsequently, the petitioner had filed Criminal Petition No.8707/2021 which was also dismissed on 10.12.2021. Thereafter, the petitioner had filed a fresh bail application in S.C.No.618/2020 which was dismissed on 15.04.2026. Therefore, the petitioner is before this Court. 5. First information report was registered in the present case against the accused for the offence punishable under Sections 324 and 504 of IPC. In the alleged incident that had taken place in the intervening night of 08.03.2020 and 09.03.2020, at about 02:30 a.m., the petitioner allegedly had gone near the house of deceased Akram and knocked the main door. Akram who came out of the house, allegedly asked the petitioner, why he had come near his house. At that time, the petitioner allegedly took a brick which was lying down and - 4 - HC-KAR NC: 2026:KHC:34644 CRL.P No. 6824 of 2026 thereafter assaulted Akram on his stomach and ran away. Akram was subsequently admitted in a private hospital and thereafter shifted to Victoria Hospital and it appears that at about 11:50 p.m. on 10.03.2020, he had breathed his last in the hospital. It is under these circumstances, offence punishable under Section 302 of IPC was invoked and the petitioner was arrested in the present case. 6. The petitioner is in custody in the present case for the last more than 6 years. As on this date, five charge sheet witnesses have been examined, out of the 20 charge sheet witnesses cited in the present case. Submission made by the learned counsel for the petitioner that the material charge sheet witnesses including eye-witnesses have been examined before the Trial Court is not seriously disputed by learned Additional Special Public Prosecutor 7. The Hon'ble Supreme Court in the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another-2024 SCC OnLine SC 1693 at paragraph No.19, the Hon'ble Supreme Court has observed as follows: "19. If the State or any prosecuting agency including the court concerned has no wherewithal to - 5 - HC-KAR NC: 2026:KHC:34644 CRL.P No. 6824 of 2026 provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime". 8. Under these circumstances, I am of the view that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner seeking regular bail has to be answered in the affirmative solely on the ground of petitioner's incarceration. 9. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in S.C.No.618/2020 pending before the Court of LII Additional City Civil and Sessions Judge, Bangalore, arising out of Crime No.67/2020 dated 09.03.2020 registered by Jnanabharathi Police Station, Bengaluru City for offences punishable under Sections 302 and 504 of IPC, under Section 483 of BNSS, 2023, subject to the following conditions: - 6 - HC-KAR NC: 2026:KHC:34644 CRL.P No. 6824 of 2026 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) 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) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioner shall not involve in similar offences in future; e) 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 GVP List No.: 1 Sl No.: 51