- 1 - HC-KAR NC: 2026:KHC:35511 CRL.P No. 8081 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8081 OF 2026 BETWEEN: KHADEER PASHA W/O ALMAS PASHA AGED ABOUT 26 YEARS R/AT 253/A, 10TH CROSS GHOUSIYA NAGARA, MYSURU. …PETITIONER (BY SRI MUZAFFAR AHMED, ADV.) AND: STATE OF KARNATAKA BY UDYAGIRI POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI RANGSWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC NO. 288/2022 (ARISING OUT OF CRIME NO. 178/2021) REGISTERED BY THE RESPONDENT POLICE, UDAYAGIRI P.S, MYSURU, FOR ALLEGED OFFENSES PUNISHABLE UNDER SECTION 364, 302, 307 R/W 34 OF IPC WHICH IS PENDING BEFORE THE LEARNED III ADDITIONAL SESSIONS JUDGE MYSURU BY IMPOSING ANY CONDITIONS TO THE SATISFACTION OF THIS HONORABLE COURT. 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:35511 CRL.P No. 8081 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.1 in S.C.No.288/2022 pending before the Court of III Addl. Sessions Judge, Mysuru, arising out of Crime No.178/2021 registered by Udayagiri Police Station, Mysuru City, for the offences punishable under Sections 143, 144, 147, 148, 341, 342, 323, 324, 364, 506, 307, 302 read with 149 IPC, is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.178/2021 registered by Udayagiri Police Station, Mysuru City, for the offences punishable under Sections 364, 307, 302 read with 34 IPC against the petitioner and three others based on the first information dated 15.08.2021 received from Mahammed Surmain Sunain who is the brother of deceased Mahammed Surhan Sunain. In the said case, petitioner was arrested on 15.08.2021 and remanded to judicial custody. After completing investigation, charge sheet has been filed against eight persons and petitioner is arrayed as accused no.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court was rejected, and - 3 - HC-KAR NC: 2026:KHC:35511 CRL.P No. 8081 of 2026 therefore, he had earlier approached this Court in Crl.P.No.6984/2024 which was dismissed on 31.07.2024. It is under these circumstances, petitioner is before this Court in this successive bail petition. 4. Learned Counsel for the petitioner submits that except the present case, petitioner has no other criminal antecedents. He submits that petitioner has serious health issues and he is now diagnosed of suffering from Triple Vessel disease Dyslipidaemia. Considering his ailment, the Trial Court had granted interim bail to the petitioner for a limited period on 22.04.2026 and after having taken treatment, petitioner has now surrendered on 04.07.2026. He submits that petitioner is advised to regularly follow-up with the cardiologist and take necessary medication. Material charge-sheet witnesses are examined. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition submits that there are eye-witnesses to the incident in question. There are serious allegations against the petitioner who has committed a heinous offence. He, accordingly prays to dismiss the petition. - 4 - HC-KAR NC: 2026:KHC:35511 CRL.P No. 8081 of 2026 6. Deceased Mahammed Surhan Sunain is the brother-in- law of the petitioner herein. Accused no.4 - Rubina was the wife of the deceased and it appears that there was a dispute between the couple for the reason that, Rubina was frequently talking to her friend even after marriage. It is in this background on 15.08.2021, the accused persons had gone to the house of Mahammed Surhan Sunain and had quarreled with him, and thereafter assaulted him with a machete. 7. It is not in dispute that petitioner has no other criminal antecedents. He is in custody in the present case for the last nearly five years. Out of 50 charge-sheet witnesses cited in the present case, as on this date, only seven charge-sheet witnesses have been examined as PW-1 to PW-7. The submission made by the learned Counsel for the petitioner that, all other accused except the petitioner have been enlarged on bail is not disputed by the learned HCGP. 8. 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: - 5 - HC-KAR NC: 2026:KHC:35511 CRL.P No. 8081 of 2026 "19. If the State or any prosecuting agency including the court concerned has no wherewithal to 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". 9. Under the circumstances, considering the health condition of the petitioner and also the period of incarceration undergone by the petitioner, I am of the view that without expressing any opinion on the merits and demerits of the case, petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 10. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.288/2022 pending before the Court of III Addl. Sessions Judge, Mysuru, arising out of Crime No.178/2021 registered by Udayagiri Police Station, Mysuru City, for the offences punishable under Sections 143, 144, 147, 148, 341, 342, 323, 324, 364, 506, 307, 302 read with 149 IPC, subject to the following conditions: - 6 - HC-KAR NC: 2026:KHC:35511 CRL.P No. 8081 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) 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 KK List No.: 1 Sl No.: 67