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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Mohammad Nawaz
Nadeem Pasha @ Nadeem – Appellant
Versus
State of Karnataka Rep. By The Inspector of Police – Respondent
ORDER :
Mohammad Nawaz, J.
Both these petitions are filed under Section 483 of BNSS , 2023, by accused Nos.2 and 3 respectively, to enlarge them on bail in Crime No.70/2025 of Yelwala Police Station, Mysuru District.
2. Crl.P No.9839/2025 is filed by accused No.2 – Nadeem Pasha and Crl.P No.9604/2025 is preferred by accused No.3 – Syed Noor Pasha.
3. Initially, upon a missing complaint lodged by one Ragupati Raj S/o Rajagopal, regarding missing of his nephew S.Anand since 01.06.2024, a case in Crime No.195/2024 was registered on 18.07.2024 at Banashankari Police Station, Bengaluru City. In the course of investigation, accused Nos.1 to 3 were arrested and interrogated. On the basis of a complaint lodged by the PSI, Banashankari Police Station, a case in Crime No.13/2025 came to be registered against accused Nos.1 to 3, on 09.01.2025, for the offence punishable under Section 61 , 103, 238 r/w 3(5) of BNS , 2023.
4. During Investigation, it was learnt that a UDR No.12/2024 was registered at Yelwala Police Station, Mysuru District under Section 194 of BNSS , 2023, regarding an unnatural death of a person. The photograph was identified as of one S. Anand, nephew of the original complain
The court upheld that bail should be denied in serious offences involving premeditated murder due to potential harm to the investigation and the risk of witness tampering.
The court grants bail based on the petitioners' lack of prior criminal records and the protracted timeline of the trial process, emphasizing the necessity for a fair trial without undue detention.
Bail granted based on lack of criminal record and time served in custody amidst circumstantial evidence in a conspiracy murder case.
Bail applications must consider the nature and severity of the offence, potential flight risk, and the likelihood of influencing witnesses, especially when based on circumstantial evidence.
The right to speedy trial under Article 21 mandates consideration of pre-trial detention length, especially for women with dependents, justifying bail in serious cases with significant delays.
Bail eligibility based on circumstantial evidence and parity with co-accused.
The presumption of innocence prevails at the pre-conviction stage, necessitating bail when evidence is insufficient to justify continued custody.
The severity of the offence, the nature of the accusation, and the supporting evidence are crucial factors in determining whether a bail application should be granted.
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