IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 16828 OF 2025

(439(Cr.PC) / 483(BNSS))

BETWEEN:

1. SRI.RAFIK ULLA KHAN @ RAFICK

S/O LATE HASEN KHAN AGED ABOUT 46 YEARS

R/AT GOVINDARAJPURA VILLAGE

MODALKOTE POST

THYMAGODLU HOBLI

NELAMANGALA TALUK

BANGALORE RURAL DISTRICT 562123.

…PETITIONER

(BY SRI. MANE SHIVAJI HANMANTAPPA.,ADVOCATE)

Digitally signed by

LAKSHMINARAYANA AND:

MURTHY RAJA SHRI

Location: HIGH

COURT OF

KARNATAKA 1. STATE BY NELAMANGALA RURAL P.S.

REPRESENTED BY

STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA.

…RESPONDENT

(BY SRI CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THE BAIL PETITION OF THE PETITIONER AND BE PLEASED TO ENLARGE THE PETITIONER/ ACCUSED NO.4 IN THE REMAND APPLICATION ON BAIL IN CR.NO.378/2025 FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 109(1) READ WITH SECTION 190 OF BNSS, 2023 AND SECTIONS 3, 5, 7 AND 27(2) OF THE ARMS ACT, 1959 PENDING BEFORE THE HONBLE COURT OF THE PRINCIPAL CIVIL JUDGE (JR.DN) AND JUDICIAL MAGISTRATE FIRST CLASS, NELAMANGALA, BENGALURU RURAL DISTRICT.

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.4 under Section

483 of Bharathiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.378/2025 of Nelamangala Rural Police Station registered for the offences under Section 109(1), read with Section 190 of BNS, 2023 and Sections

3, 5, 7 and 27(2) of Arms Act, 1959.

2. Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent/State.

3. The learned counsel for petitioner would contend that, the name of the petitioner has not been mentioned in the FIR. The name of the petitioner has been mentioned as accused No.4 in the remand application dated 01.11.2025. The allegation against him is that, he has given gun to accused No.1. The accused No.1 with the said gun has fired at the injured, and the injured has sustained gun-shot injury on his shoulder. The petitioner has not participated in the crime, and there is no recovery of any article at his instance. The accused No.1 had sought financial help from this petitioner, and he has not given, he has been falsely implicated by accused No.1 in the present case. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition.

4. Per contra, the learned High Court Government Pleader for respondent/State would contend that, the petitioner in his voluntary statement has admitted that, he has given gun to accused No.1. The matter is under investigation. The injured has sustained grievous injury. The offence alleged is punishable with imprisonment upto ten years. With this, he prayed to reject the petition. 5. Having heard learned the learned counsels, the Court has perused the FIR, complaint, remand application and other materials placed on record.

6. As per averments of the complaint, the accused No.1/Mubarak has fired at the injured/Saleem Pasha in order to kill him and he escaped, the said shot hit his shoulder, and he sustained injury on his right shoulder. The petitioner is not an accused in the FIR. The accused No.1 after his arrest in his voluntary statement has named this petitioner as the person, who gave him the gun. On that basis, this petitioner has been arrested on 01.11.2025. There is no any recovery from this petitioner. The petitioner has not participated in the alleged attempt to murder of the injured. There is no recovery at the instance or from the possession of the petitioner. The offence alleged against the petitioner is not punishable with death or imprisonment for life. The petitioner is not having any criminal antecedents.

7. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions.

In the result, the following:

ORDER i) T