- 1 - HC-KAR CNR: KAHC010426912026 NC: 2026:KHC:47897 CRL.P No. 9143 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9143 OF 2026 BETWEEN: 1. SADDAM HUSSAIN S/O ILIYAS PASHA AGED ABOUT 35 YEARS EDGA NAGAR, NEAR SOOLEBYL BYPASS, SHIVAMOGGA - 577 201. 2. DARSHAN GOWDA S/O JAYARAM GOWDA AGED ABOUT 28 YEARS R/AT NO.415/A, M.S. NAGARA POST OLD BAIYYAPPANAHALLI BENGALURU - 560 033. 3. MOHAMMED SADIQUE @ RAHEED KHAN S/O MAHAMMED ANWAR AGED ABOUT 30 YEARS R/AT 1 ST MAIN, BALARAJ ARASU ROAD NEAR RAILWAY STATION MEHADINAGARA SHIVAMOGGA - 577 201. 4. WASIM AKRAM S/O DADAPEER AGED ABOUT 25 YEARS R/AT 1ST CROSS, NEAR SHANI MAHATMA TEMPLE, RAGIGUDDA SHANTHINAGARA, SHIVAMOGGA - 577 201. …PETITIONERS (BY SRI SANDESH J. CHOUTA, SR, COUNSEL FOR SRI USMAN P, ADV.) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010426912026 NC: 2026:KHC:47897 CRL.P No. 9143 of 2026 AND: THE STATE OF KARNATAKA BY BY ASHOKNAGAR P.S BENGALURU. REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN SPL.C.C.NO.2348/2025 PENDING ON THE FILE OF THE LEARNED PRL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU ARISING OUT OF CR.NO.32/2025 REGISTERED BY ASHOK NAGAR P.S. BENGALURU FOR OFFENCE P/U/S 49,61(2),103,109(1),126(2),190 AND 238 R/W 3(5) OF BNS 2023 AND SEC.25(1B)(b) OF ARMS ACT AND SEC.3(1)(i)(ii),3(2),3(4) AND 3(5) OF KARNATAKA CONTROL OF ORGANIZED CRIME ACT (KCOC ACT) THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.4 to 7 in Crime No.32/2025 registered by Ashoknagar Police Station, Bengaluru, for the offences punishable under Sections 49, 61(2), 103, 109(1), 126(2), 238, 190 and 3(5) of BNS, 2023, Section 25(1-B)(b) of the Indian Arms Act, 1959 and Sections 3(1)(i)(ii), 3(2), 3(4) and 3(5) of the Karnataka Control of Organized Crime Act, 2000, are before - 3 - HC-KAR CNR: KAHC010426912026 NC: 2026:KHC:47897 CRL.P No. 9143 of 2026 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.32/2025 was registered by Ashoknagar Police Station, Bengaluru, for the offences punishable under Sections 103, 109(1) and 126(2) of BNS, 2023, against unknown 8 to 10 persons based on the first information dated 23.02.2025 received from Mohammed Saifulla (CW1), who is the injured eyewitness in the present case. During the course of investigation, accused Nos.4, 6 and 7 were arrested on 27.02.2025. Accused No.5 was arrested on 26.02.2025. After completing investigation, charge sheet is filed against nine persons. Petitioners are arrayed as accused Nos.4 to 7 in the charge sheet. Their bail application filed before the jurisdictional Court of Special Judge was rejected. Therefore, they are before this Court. 4. Learned Senior counsel appearing on behalf of the petitioners having reiterated the grounds urged in the petition submits that statement of CW1 is full of inconsistencies. He has - 4 - HC-KAR CNR: KAHC010426912026 NC: 2026:KHC:47897 CRL.P No. 9143 of 2026 given different versions about number of persons in his first information and in his statement thereafter, recorded under Section 183 of BNSS, 2023. He has not mentioned specific overacts of the accused persons either in the first information or in the statement recorded under Section 183 of BNSS, 2023. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP, who has opposed the petition submits that accused Nos.4 to 6 are persons with criminal antecedents. Accused Nos.2 to 5 are the assailants in the present case. Accused Nos.6 and 7 were also present at the spot of crime. During the course of Test Identification Parade, accused Nos.2 to 7 have been identified by CW1. Accordingly, she prays to dismiss the petition. 6. First information is submitted by CW1, who is the alleged injured eye witness in the present case. He has stated that on 22.02.2025 at about 11.30 p.m., he and his friends including Hyder Ali, who is the deceased in the present case, had gone to Hotel Konark, opposite to Times Pub and consumed tea. Subsequently, they had gone to President Pub opposite to Hotel - 5 - HC-KAR CNR: KAHC010426912026 NC: 2026:KHC:47897 CRL.P No. 9143 of 2026 Nagarjuna and they had come out of the said Hotel at about 12.50 a.m. on 23.02.2025. He and Hyder Ali thereafter, drove back to their house from the Pub in a scooter which was driven by the first informant and Hyder Ali was riding pillion. When their vehicle reached near the football stadium, at about 01.08 a.m. one grey colour car all of a sudden intercepted their two wheeler and two persons got down from the vehicle armed with longs and one amongst them assaulted the first informant on his neck with a long. Thereafter, first informant ran away from the spot of crime and he heard Hyder Ali scream for help. When he tried to intervene, about 8 to 10 persons assaulted him with longs on his left and right shoulder and therefore, he ran away from the spot of crime and telephoned his friend Sahil and informed him about the incident. After sometime, Sahil and his friends came near the spot of crime and shifted CW1 to the Hospital. Hyder Ali, who had suffered grievous injuries had succumbed to the same at the spot of time. It is under these circumstances, FIR was registered against unknown 8 to 10 persons based on the statement of CW1. - 6 - HC-KAR CNR: KAHC010426912026 NC: 2026:KHC:47897 CRL.P No. 9143 of 2026 7. During the course of investigation, petitioners and some of the other accused were arrested and in the charge sheet that is filed subsequently, petitioners are arraigned as accused Nos.4 to 7. As per the charge sheet allegations, accused No.1 Nayaz Pasha, accused No.8 Muhammed Sulthan Ali and accused No.9. Johar Abbas are leaders of a syndicate indulged in committing organized crimes. Since they intended to have control over their area, they conspired to commit the murder of Hyder Ali, who is also a person with criminal antecedents and in furtherance of such conspiracy, accused Nos.2 to 7, who came in the grey colour Hundai car bearing KA01ND7247 had intercepted the two wheeler in which deceased and CW1 were traveling and thereafter, assaulted them. The allegation of assaulting deceased Hyder Ali with deadly weapons is found in the charge sheet against accused Nos.2 to 5. Accused No.6 allegedly was present at the spot of crime armed with weapon but there is no allegation against him about he assaulting the deceased Hyder Ali. Accused No.7 is said to be the driver of the aforesaid car in which accused persons had arrived at the spot of crime. - 7 - HC-KAR CNR: KAHC010426912026 NC: 2026:KHC:47897 CRL.P No. 9143 of 2026 8. In the Test Identification Parade that was held subsequent to the arrest of accused persons, CW1 has identified accused Nos.2 to 7. However, specific overt acts have not been attributed by him to any one of the accused. Accused Nos.4 and 5, who had assaulted Hyder Ali, with weapons along with accused Nos.2 and 3 are persons with serious criminal history and they are involved in multiple criminal cases. Hyder Ali had suffered 23 chop injuries on his body as a result of assault made by accused Nos.2 to 5. Though, accused No.6 is also a person with criminal antecedents, there is no allegation against him in the charge sheet about he assaulting the deceased or CW1. Accused No.7 was the person, who had driven the car in which accused persons had arrived at the spot of crime. There is no material to show that accused No.7 had got down from the car, participated in committing the crime and had assaulted the deceased or CW1. Investigation of the case is already completed and charge sheet is filed. The trial in the case is yet to commence. Considering the nature of allegations found against petitioners herein in the charge sheet and the material collected by the prosecution during the course - 8 - HC-KAR CNR: KAHC010426912026 NC: 2026:KHC:47897 CRL.P No. 9143 of 2026 of investigation, I am of the opinion that at this stage, prayer made by accused Nos.4 and 5 for granting regular bail cannot be entertained while the prayer made by other two accused, namely, accused Nos.6 and 7 can be answered affirmatively, subject to appropriate conditions. Accordingly, the following order:- 9. The petition is partly allowed. The petition insofar as it relates to accused Nos.6 and 7 is allowed. The petition insofar as it relates to accused Nos.4 and 5 is dismissed. 10. The petitioners/accused No.6 and 7 are directed to be enlarged on bail in Crime No.32/2025 registered by Ashoknagar Police Station, Bengaluru, for the offences punishable under Sections 49, 61(2), 103, 109(1), 126(2), 238, 190 and 3(5) of BNS, 2023, Section 25(1-B)(b) of the Indian Arms Act, 1959 and Sections 3(1)(i)(ii), 3(2), 3(4) and 3(5) of the Karnataka Control of Organized Crime Act, 2000, subject to the following conditions: a) Petitioners/accused Nos.6 and 7 shall execute a personal bond for a sum of Rs.1,00,000/- each - 9 - HC-KAR CNR: KAHC010426912026 NC: 2026:KHC:47897 CRL.P No. 9143 of 2026 with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners/accused Nos.6 and 7 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners/accused Nos.6 and 7 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners/accused Nos.6 and 7 shall not involve in similar offences in future; e) The petitioners/accused Nos.6 and 7 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 40