- 1 - HC-KAR NC: 2026:KHC:13083 CRL.P No. 15293 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 15293 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: ZAHEER AHAMMAD S/O BASHEER AGED ABOUT 25 YEARS. R/AT. 1ST CROSS, NEELAKANTA NAGARA, NANJANGUD TOWN, MYSURU DISTRICT – 571 301. …PETITIONER (BY SRI. GAURAV SUBRAMANYAM, ADVOCATE) AND: STATE OF KARNATAKA BY NANJANGUD RURAL P.S, MYSURU DISTRICT Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13083 CRL.P No. 15293 of 2025 REP BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BENGALURU – 560 001.S …RESPONDENT (BY SRI. LAXMAN B, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C.NO.67/2025 OF THE RESPONDENT NO.1 NANJANGUDU RURAL POLICE STATION, MYSURU DISTRICT, IN CR.NO.191/2024 FOR THE OFFENCES P/U/S 103(1), 111(2)(a), 61(2), 49, 3(5) OF BNS PENDING ON THE FILE OF THE IV ADDL. DIST AND SESSIONS JUDGE COURT AT MYSURU AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:13083 CRL.P No. 15293 of 2025 ORAL ORDER 1. This petition is filed by the petitioner who is arrayed as accused No.2 in S.C.No.67/2025 arising out of Crime No.191/2024 pending on the file of the IV Addl. District and Sessions Judge, Mysuru for the offences punishable under Section 103(1), 111(2)(a), 61(2), 49, 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023. Factual matrix of the case: 2. The case of the prosecution is that one Smt. Sumathi and Sri. Venkatesh are the President and Vice - President of Devarasanahalli Grama Panchayath. On 07.10.2024, the term of the president was over. One Smt. Soubhagya was contesting for the post of president. However, the husband of Soubhabhya was not allowing them to receive commission and money in respect to the development works which were being taken place in the said panchayath. Therefore, accused No. 1 - Govardhan had decided to eliminate the husband of Soubhagya. Accordingly, he has informed accused No. 5-Dhanaraja. - 4 - HC-KAR NC: 2026:KHC:13083 CRL.P No. 15293 of 2025 Accused No. 5 sent accused No. 2 – Zaheer Ahamed. All the accused persons in furtherance of their common intention to commit murder of Nanjundaswamy, who is the husband of Soubhagya, waiting for an opportunity. Accused Nos. 2 to 4 were waiting near Halladakeri for the arrival of Nanjundaswamy. Accused No. 1 was giving an information regarding movements of the deceased. Around about 12.00 a.m. when Nanjundaswamy was going on his motorcycle from Devarasanahalli to his place, accused Nos. 2 to 4 have assaulted Nanjundaswamy with a steel rod and screwdriver and killed him. Thereafter, they fled away from the spot. Immediately, complaint was lodged against unknown persons. 3. Based on the said complaint, FIR in Cr.No. 191/2024 came be registered against unknown persons. Thereafter, during investigation, overt-act of accused has been disclosed as per the voluntary statement made by them. After conducting investigation, submitted the charge against the accused persons for the aforesaid offences. - 5 - HC-KAR NC: 2026:KHC:13083 CRL.P No. 15293 of 2025 4. Heard Sri. Gaurav Subramanyam, learned counsel for the petitioner and Sri. Laxman B, learned HCGP for respondent – State. 5. It is the submission of learned counsel for the petitioner that the entire case is based on circumstantial evidence. The petitioners have been falsely implicated in this case on account of enmity in the Panchayat elections of President. The petitioner is innocent of the alleged offences. The similarly placed other accused have been already enlarged on bail by the co-ordinate Bench of this Court. Therefore, he may be enlarged on bail on the ground of parity. Making such submissions, learned counsel for the petitioner prays to allow the petition. 6. Per contra, learned HCGP for respondent - State vehemently submitted that there are direct evidence to indicate that the petitioner and others have killed the deceased by using steel rod and screwdriver. Items used for commission of the murder were recovered at their instance. Therefore, it is not appropriate to grant them - 6 - HC-KAR NC: 2026:KHC:13083 CRL.P No. 15293 of 2025 bail as they have committed heinous offences. Making thus, the learned HCGP prays to reject the petition. 7. Having heard learned counsel for the respective parties and on perusal of the averments of the complaint and charge sheet, it would indicate that, no doubt, initially complaint came to be registered against unknown persons. Subsequently, during investigation, the overt-act of each accused has been disclosed on account of voluntary statement made by them. The case is mainly based on the voluntary statement of the co-accused. Hence, it is appropriate to grant bail. 8. Hence I proceed to pass the following: ORDER i. This Criminal Petition is allowed. ii. The petitioner is ordered to be enlarged on bail in S.C.No.67/2025 arising out of Crime No.191/2024 pending on the file of the IV Addl. District and Sessions Judge, Mysuru for the aforesaid offences on executing a personal bond for a sum - 7 - HC-KAR NC: 2026:KHC:13083 CRL.P No. 15293 of 2025 of Rs.1,00,000/- with one surety to the like sum of the satisfaction of the Trial Court. iii. The petitioner shall not commit any similar offence till disposal of the present case. iv. The petitioner shall appear before the trial Court on all hearing dates. v. The petitioner shall not tamper the prosecution witnesses. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE JS List No.: 1 Sl No.: 29