- 1 - HC-KAR CNR: KAHC010401172026 NC: 2026:KHC:38698 CRL.P No. 8486 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8486 OF 2026 BETWEEN: JAFFAR AHAMAD S/O ARIFF AHAMAD, AGED ABOUT 31 YEARS, R/AT 2ND CROSS, NEAR PATELAPPA GROUND, CHIKKANNA LAYOUT, D.J. HALLY, BENGALURU - 560 045. …PETITIONER (BY SRI. ARUNACHALAM SHIVAKUMAR, ADVOCATE) AND: STATE OF KARNATAKA BY DEVARAJEEVANAHALLI PS, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.122/2020 (SC.NO.818/2020) REGISTERED BY DEVARAJEEVANAHALLI P.S., THE RESPONDENT POLICE, PENDING BEFORE THE IV ADDL. CITY CIVIL AND SESSIONS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010401172026 NC: 2026:KHC:38698 CRL.P No. 8486 of 2026 JUDGE, MAYO HALL UNIT (CCH-21) BENGALURU, FOR THE OFFENCE P/U/S 302 OF IPC. 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 S.C.No.818/2020 pending on the file of IV Additional City Civil and Sessions Judge, Mayohall Unit (CCH- 21), Bengaluru, arising out of Crime No.122/2020 registered by Devarajeevanahalli Police Station, Bengaluru, for offence punishable under Section 302 of IPC, is before this Court in this petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard learned counsel appearing for the parties. 3. FIR in Crime No.122/2020 was registered by registered by Devarajeevanahalli Police Station, Bengaluru, for the aforesaid offences against the petitioner herein based on the first information dated 15.05.2020 received from Mujamil, the brother of the deceased. In the said case, the petitioner was - 3 - HC-KAR CNR: KAHC010401172026 NC: 2026:KHC:38698 CRL.P No. 8486 of 2026 arrested on 19.05.2020 and subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed against him for the aforesaid offence. His bail application filed before the Sessions Court in Crl.Mis.No.25274//2026 was rejected on 16.04.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that deceased Mujahid Ali and the petitioner herein are persons with criminal antecedents and they were earlier arrested in some other case and sent to jail. It appears that they had fought against each other inside the jail and therefore there was an ill will between them. On 15.05.2020, the first informant and his brother Mujahid Ali had gone out to purchase samosas. It appears that the petitioner, who was standing near the samosa shop, had quarreled with Mujahid Ali and thereafter assaulted him with a fruit-cutting knife, which was available in the nearby shop and escaped. Injured Mujahid Ali, who was shifted to the hospital had died subsequently. Perusal of the postmortem report of the deceased would go to show that he had only one injury on his neck as a result of assault made by - 4 - HC-KAR CNR: KAHC010401172026 NC: 2026:KHC:38698 CRL.P No. 8486 of 2026 the petitioner. The petitioner who is arrested in the present case is in custody for more than 6 years. Before the Trial Court, till date, PW1 to PW5 have been examined in chief, but their cross-examination is not complete because the prosecution has failed to keep them present before the Court. Learned HCGP fairly submits that in spite of coercive steps taken as against said witnesses, their presence could not be secured. 5. In the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another -(2024) 9 SCC 813 at paragraph No.17, the Hon'ble Supreme Court has observed as follows: "17. 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". - 5 - HC-KAR CNR: KAHC010401172026 NC: 2026:KHC:38698 CRL.P No. 8486 of 2026 6. Considering the aforesaid aspects of the matter and the period of petitioner's incarceration. I am of the view that without expressing any opinion on the merits and demerits of the case, his prayer for grant of regular bail needs to be answered affirmatively. Hence, the following: ORDER (i) The criminal petition is allowed. (ii) The petitioner/accused No.1 is ordered to be enlarged on bail in S.C.No.818/2020 pending on the file of IV Additional City Civil and Sessions Judge, Mayohall Unit (CCH-21), Bengaluru, arising out of Crime No.122/2020 registered by Devarajeevanahalli Police Station, Bengaluru, for offence punishable under Section 302 of the IPC, subject to the following conditions: a) The 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; - 6 - HC-KAR CNR: KAHC010401172026 NC: 2026:KHC:38698 CRL.P No. 8486 of 2026 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 of. Sd/- (S VISHWAJITH SHETTY) JUDGE HDK List No.: 1 Sl No.: 82