- 1 - HC-KAR NC: 2026:KHC:9264 CRL.P No. 15814 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15814 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: MR. MOHAMMED TANZIM @ TANNU @ NOYAN S/O. ABDUL VAJEED, AGED ABOUT 25 YEARS, R/AT.297, 'B' BLOCK, ASHRAYA BADAVANE, BOMMANAKATTE, SHIVAMOGGA - 577 201. …PETITIONER (BY SRI. K.V. SATEESHCHANDRA, ADVOCATE) AND: STATE BY HOLEHONNUR POLICE STATION, BHADRVATHI TALUK, SHIVAMOGGA DISTRICT - 577 204. REPRESENTED BY STATE PUBLIC PROSECUTOR, KARNATAKA HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. MOHD. AYUB ALI, ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ALLOW THIS CRIMINAL PETITION AND ENLARGE THE PETITIONER ON BAIL IN C.C.NO.5829/2025 (CRIME NO.150/2025) OF HOLEHONNUR Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9264 CRL.P No. 15814 of 2025 POLICE STATION, ON THE FILE OF THE COURT OF ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC-I AT BHADRAVATHI, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 3(5), 103(1), 127(1) AND 238 OF BNS, 2023 AND DIRECT THE PETITIONER BE RELEASED ON BAIL. 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.2 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.150/2025 of Holehonnur Police Station registered for offences punishable under Sections 3(5), 103(1), 127(1) and 238 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:9264 CRL.P No. 15814 of 2025 case of the prosecution is based on circumstantial evidence. Accused Nos.3 and 4 have been granted bail by this Court. The alleged assault by the petitioner is on the left arm. The said injury has not caused the death of the deceased. Accused No.1 has stabbed the deceased on his chest, neck and stomach and the cause of death of the deceased is due to shock and hemorrhage as a result of stab injury sustained. As the case of the prosecution is based on circumstantial evidence, each of the circumstances has to be proved at the trial. There are no criminal antecedents of the petitioner. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, this petitioner was present on the spot and he has assaulted the deceased with knife on his left arm and also took away 29 grams of gold chain of the deceased. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. The CCTV - 4 - HC-KAR NC: 2026:KHC:9264 CRL.P No. 15814 of 2025 footage of the movement of the petitioner and the other accused near the spot on the day of the incident have been recovered under mahazar. 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 the charge sheet is that the deceased had illicit relationship with the second wife of accused No.4 and the deceased was coming in the way of marriage of daughter of accused No.4. Therefore, accused No.4 gave supari to accused No.3 to kill the deceased. Accused No.3 in turn instructed accused Nos.1 and 2 to kill the deceased. Accused Nos.1 and 2 have killed the deceased by assaulting with knife when he was going for walking. There is no recovery at the instance of this petitioner. There are no eye witnesses to the incident and the case of the prosecution is based on circumstantial - 5 - HC-KAR NC: 2026:KHC:9264 CRL.P No. 15814 of 2025 evidence. The main allegation of stabbing the deceased on his chest, neck and stomach is against accused No.1. The petitioner is in judicial custody since 16.05.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. The case of the prosecution is based on circumstantial evidence and the prosecution has to prove each of the circumstances at trial. 7. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted bail in Crime No.150/2025 of Holehonnur 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. - 6 - HC-KAR NC: 2026:KHC:9264 CRL.P No. 15814 of 2025 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. iv) The petitioner shall not involve in commission of any offence. If the petitioner found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 2 Sl No.: 6