- 1 - HC-KAR CNR: KAHC010517522026 NC: 2026:KHC:45517 CRL.P No. 11283 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11283 OF 2026 BETWEEN: SHAFAHID PASHA @ SHUHEB S/O. FAYAZ PASHA AGED ABOUT 24 YEARS R/AT NO.316, 16TH CROSS SULTAN ROAD, NEAR KERALA MASJID GHOUSIA NAAGAR, MYSURU. …PETITIONER (BY SRI LETHIF B, ADV.) AND: THE STATE OF KARNATAKA BY UDAYAGIRI POLICE STATION MYSURU DISTRICT REP. BY SPP HIGH COURT BUILDING 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 HIM ON BAIL IN C.C.NO.3071/2026 (CR.NO.17/2026) OF UDAYAGIRI POLICE STATION, MYSURU, FOR THE OFFENCES P/U/S 103(1), 54, 249 R/W 3(5), 61(2) OF BNS PENDING ON THE FILE OF THE II ADDL. CIVIL JUDGE AND JMFC, MYSURU. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010517522026 NC: 2026:KHC:45517 CRL.P No. 11283 of 2026 ORAL ORDER 1. Accused No.4 in Crime No.17/2026 registered by Udayagiri Police Station, Mysuru City, for the offences punishable under Sections 103(1), 54, 249, 61(2) and 3(5) of BNS, 2023, is 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.17/2026 was registered by Udayagiri Police Station, Mysuru City, against Jubair alias Jubbu and others based on the first information dated 20.01.2026 received from Shamshir Alam, brother of deceased Mohammed Shahabaz. In the said case, petitioner was arrested on 23.01.2026 and remanded to judicial custody. After completing investigation, charge sheet is filed against 12 persons and petitioner is arrayed as accused No.4 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.858/2026 was rejected on 30.06.2026. Therefore, he is before this Court. - 3 - HC-KAR CNR: KAHC010517522026 NC: 2026:KHC:45517 CRL.P No. 11283 of 2026 4. Learned counsel for the petitioner submits that allegation against petitioner and accused No.5 is similar in the charge sheet. Accused Nos.1 to 3 are the assailants in the present case. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. 6. Accused No.5 as against whom similar allegations is found in the charge sheet had approached this Court Crl.P.No.9610/2026, which was allowed on 05.08.2026. In paragraph Nos.4 and 5 of the said order, it is observed as follows:- "4. Perusal of the material on record would go to show that, there was ill-will between deceased Mohammed Shahabaz and the accused, and it is in this background, accused persons allegedly conspired to commit the murder of Mohammed Shahabaz. In furtherance of such conspiracy, accused nos.9 to 11 had assured to pay money to accused nos.1 to 5 and also to take care of their expenses for obtaining bail. - 4 - HC-KAR CNR: KAHC010517522026 NC: 2026:KHC:45517 CRL.P No. 11283 of 2026 5. In the incident in question that had taken place on 20.01.2026, allegation of assaulting deceased Mohammed Shahabaz with deadly weapons is found against accused nos.1 to 3 in the charge sheet. Accused nos.4 and 5, who were along with the accused nos.1 to 3 had allegedly helped them to escape from the spot after they had assaulted the deceased. Accused nos.6 to 8 are the persons who had given the information about the whereabouts of deceased Mohammed Shahabaz to the assailants. Accused no.9 and 11 are the persons who had given Supari to accused nos.1 to 5. Accused nos.9 to 11 have been granted regular bail by the Co- ordinate Bench of this Court in Crl.P.No.3616/2026, Crl.P.No.3741/2026 and Crl.P.No.3828/2026, which were disposed of on 10.04.2026. Accused no.6 has been granted regular bail by this Court in Crl.P.No.7911/2026 disposed of on 21.07.2026." 7. It is not in dispute that petitioner has no other criminal antecedents. The allegation against the petitioner and accused No.5 is similar in the charge sheet. Accordingly, the following order:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.17/2026 registered by Udayagiri Police Station, Mysuru, for the offences punishable under - 5 - HC-KAR CNR: KAHC010517522026 NC: 2026:KHC:45517 CRL.P No. 11283 of 2026 Sections 103(1), 54, 249, 61(2) read with 3(5) of BNS, 2023, subject to the following conditions: 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 DN/List No.: 1 Sl No.: 100