- 1 - HC-KAR NC: 2026:KHC:2776 CRL.P No. 17324 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17324 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: ABDUL ALEEM @ ALEEM S/O.LATE SHEIK SALEEM, AGED ABOUT 27 YEARS, R/AT.NO.19, NEAR FAREED BEGUM RENTAL HOUSE, 10TH CROSS, NEAR ALKARI MASZID, RASHAD NAGAR, GOVINDPURA, BENGALURU - 560 045. …PETITIONER (BY SRI. K. RAMA SINGH, ADVOCATE) AND: STATE OF KARNATAKA BY GOVINDAPURA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SRI. MOHD. AYUB ALI, ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.127/2025 REGISTERED BY GOVINDAPURA POLICE AND IN SC.NO.1220/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 49, 61(2)(a) AND 241 READ WITH SECTION 3(5) OF BNS, 2023, PENDING Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2776 CRL.P No. 17324 of 2025 BEFORE THE COURT OF LXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH-75) C/C IV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-21). THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.3 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.127/2025 of Govindapura Police Station registered for offences punishable under Sections 103(1), 49, 61(2)(a) and 241 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State. 3. Learned counsel for petitioner would contend that, there are no eyewitnesses to the incident and the - 3 - HC-KAR NC: 2026:KHC:2776 CRL.P No. 17324 of 2025 case of the prosecution is based on circumstantial evidence. There is a joint recovery of autorikshaw and it belongs to accused No.4 and there is a seizure of clothes of accused persons and the weapons used. The CCTV footage has also been seized wherein there is record of movement of two persons who got down from the autorikshaw and assaulted the deceased. The faces of those two persons are not identified. As the case of the prosecution is based on circumstantial evidence, the prosecution has to prove each of the circumstances at trial. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, the autorikshaw in which accused persons travelled to the spot has been seized. In the said autorikshaw, the weapons and three blood stained shirts belonging to the accused persons have been seized. The offence alleged against the - 4 - HC-KAR NC: 2026:KHC:2776 CRL.P No. 17324 of 2025 petitioner is a heinous offence punishable with death or imprisonment for life. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record. 6. The accusation in column-17 of the charge sheet is that, the deceased Irfan Khan had developed an illicit intimacy with the wife of accused No.1 and subsequently he married her when accused No.1 was in the judicial custody. The same was informed by accused Nos.3 and 4 to accused No.1. The deceased and accused Nos.1 to 4 are friends. As the deceased has betrayed the friendship, they intended to take revenge against him and therefore they conspired. In furtherance of the conspiracy, accused No.4 took accused Nos.2 and 3 in his autorikshaw to the spot, where accused No.2 and 3 got down from autorikshaw and assaulted the deceased with a long - 5 - HC-KAR NC: 2026:KHC:2776 CRL.P No. 17324 of 2025 chopper on his head and face and committed his murder. The case of the prosecution is based on circumstantial evidence. There is a recovery of autorikshaw belonging to accused No.4 wherein three blood stained shirts of the accused persons and weapons used have been seized. There is a CCTV footage contains movement of two persons getting down from autorikshaw and assaulting the deceased. The said two persons are not identified in the said CCTV footage. As the case of the prosecution is based on circumstantial evidence, the prosecution has to prove each of the circumstances. The petitioner is in judicial custody since 25.04.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. 7. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; - 6 - HC-KAR NC: 2026:KHC:2776 CRL.P No. 17324 of 2025 ORDER The Criminal Petition is allowed. The petitioner is granted bail in Crime No.127/2025 of Govindapura Police Station, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Jurisdictional Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 13