The court grants bail as the accused have no prior criminal records and the investigation is complete, requiring adherence to conditions ensuring trial participation without interference.

ORAL ORDER

Accused Nos.1 to 4 in Crime No.2/2025 registered by Gulpet Police Station, Kolar District for the offence punishable under Section 103 , 115(2), 118(1) read with Section 3 (5) of Bharatiya Nyaya Sanhita , 2023 are before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita , 2023 seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.2/2025 was registered by Gulpet Police Station, Kolar District against the petitioners herein for the aforesaid offences, on the basis of the first information dated 05.01.2025 received from Hamza A. V., father of the deceased.

4. During the course of investigation of the case, petitioners herein were arrested on 06.01.2025 and subsequently, remanded to judicial custody. After completing the investigation, charge sheet has been filed against the petitioners for the aforesaid offences. Bail application filed by the petitioners before the jurisdictional Sessions Court in Crl.Misc.No.288/2025 was rejected on

17.04.2025. Thereafter, petitioners are before this Court.

5. Perusal of the material on record would go to show that deceased was married to C.W.2 – Zabeena Taj and from the said wedlock; the couple have a boy child. It appears that C.W.2 was a kidney patient and C.W.3 –

Simran used to visit the house of C.W.2 for helping her in her household work. Deceased – Usman A.V. allegedly had developed intimacy with C.W.3 and therefore, relatives of C.W.3 had warned Usman.

6. On 04.01.2025, Usman had gone near the house of C.W.3 at about 10.50 p.m. along with his friend - C.W.5 – Darshan and had called her out. C.W.4 who is the mother of C.W.3, had raised a cry and therefore, accused persons who are the relatives of C.W.3 and 4 residing in the adjacent houses, came out of their houses and confronted Usman and thereafter, assaulted him with their hands and legs. Injured - Usman allegedly tried to run away from the spot and at that time, accused No.2 had assaulted him on his back with a wooden club and accused No.3 had assaulted him with a stone which was lying on the road side. Injured - Usman was subsequently shifted to the hospital by his friend-C.W.5 – Darshan and in the hospital, he was declared dead.

7. It is in this background, FIR was registered against the petitioners. Petitioners who have no other criminal antecedents were arrested in the present case on 06.01.2025 and they are in the custody for more than six months. Investigation of the case is completed and charge sheet has been filed.

8. Final opinion received from the Forensic Medical Specialist about the cause of death of the deceased would go to show that, after perusal of the post mortem report, Chemical Analysis report, Histopathology report and history given by the police, final opinion was given that death was due to shock as a result of Atherosclerotic Coronary Artery Disease of Heart.

9. Considering the aforesaid aspects of the matter, I am of the view that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively without expressing any opinion on the merits and demerits of the case. Accordingly, the following:-

ORDER

The petition isallowed The petitioners are directed to be enlarged on bail in Crime No.2/2025 registered in Gulpet Police Station, Kolar District, Bengaluru for the offence punishable under Sections 103 , 115(2), 118(1) read with Section 3 (5) of Bharatiya Nyaya Sanhita , 2023, subject to the following conditions:

a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid