- 1 - HC-KAR NC: 2026:KHC:35285 CRL.P No. 7873 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.7873 OF 2026 BETWEEN: SRI.AZHARUDDIN @ AJAR S/O RAHAMATH BAIG AGED ABOUT 31 YEARS R/AT BILALNAGAR NELAMANGALA KASABA HOBLI BENGALURU RURAL-562123 …PETITIONER (BY SRI.BALARAJ V R, ADVOCATE) AND: STATE OF KARNATAKA BY S.H.O OF NELAMANGALA RURAL POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURTS BUILDING BANGALORE - 560 001 …RESPONDENT (BY SRI.RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/SEC.439 CR.PC (FILED U/SEC.483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON REGULAR BAIL IN C.C.NO.12168/2025 ARISING OUT OF CRIME Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35285 CRL.P No. 7873 of 2026 NO.185/2025 OF NELAMANGALA RURAL POLICE STATION REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 61(1), (2), 103(1), 238, 140(1) R/W 190 OF BNS, PENDING ON THE FILE OF LEARNED PRINCIPAL CIVIL JUDGE AND JMFC AT NELAMANGAIA, BENGALURU RURAL DISTRICT 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 No.6 in Crime No.185/2025 registered by Nelamangala Rural Police Station, Bengaluru District, for offences punishable under Sections 61(1), 61(2), 103(1), 238, 140(1) read with Section 190 of BNS, 2023 are before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.139/2025 was registered by Kunigal Police Station, Tumakuru, initially for offences punishable under Sections 103(1), 238 of BNS, 2023 against unknown persons, based on the first information - 3 - HC-KAR NC: 2026:KHC:35285 CRL.P No. 7873 of 2026 dated 26.03.2025 received from Krishnamurthy R, who had found the dead body of unknown person, behind Sree Ranganatha Swamy Temple premises within the jurisdiction of Kunigal Police Station, Tumakuru. 4. During the course of investigation, some of the accused were arrested. Subsequently, for want of jurisdiction, FIR in Crime No.139/2025 was transferred to Nelamangala Rural Police Station and was registered in Crime No.185/2025 against Firoz Khan and others. The petitioner was arrested on 28.02.2026 and was remanded to judicial custody. After completing investigation, charge sheet has been now filed against 13 persons and the petitioner is arrayed as accused No.6 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.595/2026 was rejected on 16.04.2026 and therefore, he is before this Court. 5. Learned counsel for the petitioner submits that except accused Nos.2 and 8, all the accused have been granted regular bail in the present case. He submits that - 4 - HC-KAR NC: 2026:KHC:35285 CRL.P No. 7873 of 2026 the petitioner has no other any criminal antecedents and the investigation of the case is completed. Accordingly, prays to allow the petition. 6. Per contra, learned HCGP, who has opposed the bail petition, does not dispute the submission made by the learned counsel for the petitioner. 7. Perusal of the material on record would go to show that CW-11 (Seema) had approached Nelamangala Rural Police Station on 14.03.2025 and had submitted a complaint alleging that her husband Azaruddin was abducted by accused No.2 - Salman Pasha and accused No.8 - Saleem S, from her house at about 01.30 a.m. on 13.03.2025 and thereafter, accused No.8 had called her over mobile phone and had informed her that her husband was with them and she also had spoken to her husband, who had informed that he would be returning home after half an hour. Subsequently his phone was switched off and he had not returned home. Therefore, on 14.03.2025 at about 16.30 hours, Seema had approched Nelamangala - 5 - HC-KAR NC: 2026:KHC:35285 CRL.P No. 7873 of 2026 Rural Police Station and based on her first information a missing complaint was registered in Crime No.106/2025. Subsequently, the dead body of an unknown male was found within the jurisdiction of Kunigal Police Station and based on the complaint received from Krishnamurthy R, who had found the dead body, FIR in Crime No.139/2025 was registered by Kunigal Police Station, Tumkuru, for offences punishable under Sections 103(1) and 238 of BNS, 2023 against unknown persons. 8. It appears that during the course of investigation, some of the accused persons were arrested on 28.03.2025 and after their arrest, FIR in Crime No.139/2025 was registered by the Kunigal Police Station, Tumakuru. Thereafter, for want of jurisdiction, FIR in Crime No.139/2025 was transferred to Nelamangala Rural Police Station and registered in Crime No.185/2025. In the said case, after completing investigation, charge sheet has been filed against 13 persons. - 6 - HC-KAR NC: 2026:KHC:35285 CRL.P No. 7873 of 2026 9. Allegation in the charge sheet is that accused No.1 had an ill will against the deceased for the reason that he had cheated him during the course of his business transactions and therefore accused No.1 on 12.03.2025 had conspired with accused No.2 to 12 to commit the murder of deceased Azaruddin and in furtherance of such conspiracy, accused Nos.1 to 12 had gone near the house of Azaruddin on the intervening night of 12.03.2025 and 13.03.2025 in two cars bearing registration No.KA-04-MH- 5100 and KA-16-M-7592. The said cars were parked at a distance from the house of the deceased and accused Nos.2 and 8 had gone to the house of the deceased and had forcibly brought him along with them and deceased Azaruddin was forcibly taken by accused Nos.1 to 12 in the car bearing registration No.KA-16-M-7592 to an isolated forest area behind Sree Ranganath Swamy Temple within the jurisdiction of Kunigal Police Station. 10. It is alleged that at the said place accused No.1 had initially assaulted deceased with an iron rod on his - 7 - HC-KAR NC: 2026:KHC:35285 CRL.P No. 7873 of 2026 back and when deceased Azaruddin fell down, accused No.1 had dropped a stone on his head. Thereafter, Accused Nos.2 to 12 also allegedly dropped a stone each on the body of Azaruddin and committed his murder. Entire case of the prosecution is based on circumstantial evidence. There is no evidence collected by the prosecution to show that accused Nos.1 to 12 had come near the house of deceased in the aforesaid cars. The said allegation is based on voluntary statement of the accused. Appreciating this aspect of the matter, this Court has granted regular bail to accused No.12 as against whom similar allegation is found in the charge sheet. 11. This Court while granting bail to accused No.12 in Crl.P.No.11770/2025 has stated that wife of the deceased namely Seema (CW-11) in her missing complaint had only stated that Salman Pasha - accused No.2 and Saleem S - accused No.8 had come to their house on 12.03.2025 at about 01.30 a.m. and had abducted her husband. The prosecution has also placed reliance on the - 8 - HC-KAR NC: 2026:KHC:35285 CRL.P No. 7873 of 2026 statement of CW-16 and CW-17, who allegedly had seen accused persons abducting the deceased on the intervening night of 12.03.2025 and 13.03.2025. This Court in Crl.P.No.11770/2025 while granting bail to accused No.12 has observed that statement of CW-16 and CW-17 has been recorded belatedly by the prosecution on 29.03.2025. It is not in dispute that the petitioner has no any other criminal antecedents. Similarly placed accused Nos.1 and 3 have been granted regular bail by this Court in Crl.P.No.12817/2025. Under these circumstances, I am of the opinion that the prayer for grant of regular bail needs to be answered in the affirmative. Accordingly, the following: ORDER (i) The petition is allowed. (ii) The petitioner - accused No.6 is directed to be enlarged on bail in Crime No.185/2025 registered by Nelamangala Rural Police Station, Bengaluru District, for offences punishable under Sections 61(1), 61(2), 103(1), - 9 - HC-KAR NC: 2026:KHC:35285 CRL.P No. 7873 of 2026 238, 140(1) read with Section 190 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute 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) 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 NBM List No.: 1 Sl No.: 66