IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1688 OF 2025 C/W CRIMINAL PETITION NO. 955 OF 2025 IN CRL.P No. 1688/2025 BETWEEN:

SRI. SAIFULLA KHAN S/O SABAJI KHAN AGED ABOUT 35 YEARS, RESIDING AT BYLANARASAPURA VILLAGE, NANDAGUDI HOBALI, HOSKOTE TALUQ, BENGALURU - 562 122.

…PETITIONER (BY SRI. TONY SEBASTIAN, SR. COUNSEL FOR MS. MELANIE SEBASTIAN, ADVOCATE)

Digitally signed by AND:

CHAITHRA P Location:

STATE OF KARNATAKA High Court of Karnataka BY NANDAGODI POLICE STATION HOSAKOTE TALUK BENGALURU DISTRICT.

REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS , BENGALURU - 560 001 …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP)

THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ORDER THE RELEASE OF THE PETITIONERS ON BAIL IN C.C.NO.7057/2024 PENDING ON THE FILE OF ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT HOSKOTE, BENGALURU RURAL DISTRICT OF NANDAGUDI P.S. BENGALURU CITY, REGISTERED FOR AN OFFENCE P/U/S 103, 126(2), 189(2), 190, 191(2), 191(3), 351(3), 61(2), 45 OF THE BNS ACT.

IN CRL.P NO. 955/2025 BETWEEN:

1. SRI. ILLU KHAN S/O AFROZ KHAN AGED ABOUT 30 YEARS, RESIDING AT BYLANARASAPURA VILLAGE, HOSKOTE TALUK, NANDAGUDI HOBALI, BENGALURU - 562 122. 2. SRI. ABRAR KHAN S/O AFROZ KHAN AGED ABOUT 35 YEARS, RESIDING AT BYLANARASAPURA VILLAGE, NANDAGUDI HOBALI, HOSKOTE TALUQ, BENGALURU - 562 122.

...PETITIONERS (BY SRI. TONY SEBASTIAN, SR. COUNSEL FOR MS. MELANIE SEBASTIAN, ADVOCATE)

AND:

STATE OF KARNATAKA BY NANDAGODI POLICE STATION HOSAKOTE TALUK BENGALURU DISTRICT - 560 001 REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU.

...RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP)

THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ORDER THE RELEASE OF THE PETITIONERS ON BAIL IN CC.NO.7057/2024 IN CR.NO.145/2024 OF NANDAGUDI P.S. BENGALURU CITY PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.Dn) AND JMFC COURT, HOSKOTE, BENGALURU RURAL DISTRICT REGISTERED FOR THE NANDAGUDI POLICE STATION OFFENCES U/S 103, 126(2), 189(2), 190, 191(2), 191(3) AND 351(3), 61(2), 45 OF THE BNS ACT.

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused Nos.3, 6 and 7 in Crime No.145/2024 registered by Nandagodi Police Station, Bengaluru for offences punishable under Sections 103, 126(2), 189(2), 190, 191(2), 191(3), 351(3), 61(2) and 45 of BNS 2023 are before this Court in these two petitions filed under Section 483 of BNSS 2023 seeking regular Bail.

2. Heard learned counsel for the parties.

3. FIR in crime No.145/2024 was registered by Nandagodi Police Station, Bengaluru initially for the offences punishable under Sections 103, 126(2), 189(2), 190, 191(2), 191(3), 351(3) of BNS 2023 against Mahaboob Khan and others, based on the first information report dated 08.07.2024 submitted by Afreed Khan s/o deceased Afak Khan. Petitioners herein were arrayed as accused Nos.3, 6 and 7 in the FIR. During the course of investigation, accused No.3 was arrested on 19.09.2024 and accused Nos.6 and 7 were arrested on 11.07.2024. Investigation in the case is completed and charge sheet has been filed against 7 accused persons and petitioners herein are arrayed as accused Nos.3, 6 and 7 in the charge sheet, their bail application filed before the Jurisdictional Sessions Court in Crl.Misc.No.92/2025 and Crl.Misc.No.2807/2024 were rejected, therefore they are before this Court.

4. Learned Senior counsel for the petitioners submits that in the first information, which was submitted by Afreed Khan s/o deceased Afak Khan, who is the alleged eye witness to the incident in question, he had made specific allegations of overt act against accused Nos.1 to 3 only and no specific allegation of overt act is found against the accused Nos.6 and 7. It is only in the further statement of first informant(CW1), which was recorded on 10.07.2024, he has made specific allegations of overt act a