- 1 - HC-KAR NC: 2026:KHC:35736 CRL.P No. 2762 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2762 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SYED JAMSID @ KHASEEM S/O SYED BASHEER, AGED ABOUT 34 YEARS, RESIDING AT NO.123/1, MODI ROAD, NEAR EDGHA MOHALLA, DJ HALLI, BANGALORE - 45. (ACCUSED NO.1 IN J C) …PETITIONER (BY SRI. D.G.SREENIVASA KUMAR.,ADVOCATE) AND: STATE OF KARNATAKA BY D J HALLI POLICE STATION REP: BY SPP HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R.,HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.357/2023 (SC.NO.442/2024) OF RESPONDENT DJ HALLI POLICE STATION, BANGALORE, REGISTERED FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTION 302, 307 R/W 34 OF INDIAN PENAL CODE, PENDING ON THE FILE OF THE HONOURABLE CCH-58 BENGALURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35736 CRL.P No. 2762 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 No.1 in SC.No.442/2024, now pending before the Court of XXVIII Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru arising out of Crime No.357/2023 registered by the Devarajeevanahalli Police Station, Bengaluru for the offences punishable under Sections 302, 307 read with Section 34 of IPC, is before this Court in the successive bail application filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.357/2023 was registered by the Devarajeevanahalli Police Station, Bengaluru for the offence punishable under Section 307 of IPC against one Syed Jamsid @ Khaseem based on the first information dated 16.12.2023 received from Ayesha, mother of deceased Suhail Khan. In the said case, petitioner was - 3 - HC-KAR NC: 2026:KHC:35736 CRL.P No. 2762 of 2026 arrested on 17.12.2023 and remanded to judicial custody. After completion of investigation, charge sheet has been filed against three accused persons. The petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court was rejected. Therefore, he had earlier approached this Court in Crl.P.No.10585/2024, which was dismissed on merits on 13.01.2025. Subsequently, the petitioner had filed a fresh bail petition before this Court in Crl.P.No.8384/2025, which was dismissed as not pressed with liberty to the petitioner to file a fresh bail application after examination of CW.1 and CW.2 is completed before the trial Court. Under these circumstances, the petitioner is before this Court in the successive bail application. 4. Learned counsel for the petitioner submits that, entire case of the prosecution is based on circumstantial evidence. Petitioner, who has no criminal antecedents, is in judicial custody for the last more than two and a half years. Accused Nos.2 and 3 have been granted regular bail - 4 - HC-KAR NC: 2026:KHC:35736 CRL.P No. 2762 of 2026 and till date, trial has not commenced. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader, who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioner. 6. Perusal of the material on record would go to show that the entire case of the prosecution is based on circumstantial evidence. In the charge sheet, which is filed against three accused persons, it is alleged that the deceased Suhail Khan, who was working with the petitioner, had developed intimacy with the petitioner's wife. Under the said circumstances, petitioner decided to eliminate Suhail Khan. Accordingly, he had hatched a conspiracy with accused Nos.2 and 3. On 15.12.2023, accused Nos.1 to 3 took Suhail Khan in an auto rickshaw bearing registration No.KA-04-D-5120 on the pretext of talking to him with regard to some business. At about - 5 - HC-KAR NC: 2026:KHC:35736 CRL.P No. 2762 of 2026 02.00 a.m., on 16.12.2023, accused Nos.2 and 3 allegedly had caught hold of Suhail Khan and petitioner assaulted him with a knife on his stomach and other parts of the body. Injured - Suhail Khan, who was admitted to the hospital, however, succumbed to his injuries on 04.01.2024 while undergoing treatment. It is not in dispute that petitioner has no other criminal antecedents. Accused Nos.2 and 3 have been granted regular bail by the Co-ordinate Bench of this Court in Criminal Petition No.4302/2024 disposed of on 20.06.2024. The trial in the case is yet to commence. 7. The Hon'ble Supreme Court in the case of Javed Gulam Nabi Shaikh Vs. State of Maharashtra and Another - 2024 SCC OnLine SC 1693 at paragraph No.19, has observed as follows: "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 - 6 - HC-KAR NC: 2026:KHC:35736 CRL.P No. 2762 of 2026 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. Considering the aforesaid aspects of the matter, particularly the period of petitioner's incarceration, 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 deserves to be answered affirmatively. Accordingly, the following: ORDER i) The petition is allowed. ii) The petitioner is directed to be released on bail in SC.No.442/2024, now pending before the Court of XXVIII Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru arising out of Crime No.357/2023 registered by the Devarajeevanahalli Police Station, Bengaluru for the offences punishable under Sections 302, - 7 - HC-KAR NC: 2026:KHC:35736 CRL.P No. 2762 of 2026 307 read with Section 34 of IPC, subject to the following conditions: a) Petitioner shall execute a 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 PHMList No.: 1 Sl No.: 45