IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No. 11458 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN: 1. TABREZ

AGED ABOUT 41 YEARS

R/A 8, 1^ST A CROSS

REHAMATH NAGARA, R T NAGARA

BENGALURU – 560 032.

Digitally signed by …PETITIONER

LAKSHMINAR AYANA

MURTHY RAJASHRI

(BY SRI. RAKSHITH R, ADVOCATE)

Location: HIGH

COURT OF

KARNATAKA

AND:

1. STATE OF KARNATAKA

BY RT NAGARA PS

REP. BY SPP HIGH COURT OF KARNATAKA

BANGALORE – 560 001.

…RESPONDENT

(BY SRI CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (U/S

483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.No.16/2025 OF RT NAGAR PS. BANGALORE -560 032 FOR THE OFFENCES PUNISHABLE UNDER SECTION 61(2), 140(1), 3(5), 103 OF BNS PENDING ON THE FILE OF LII ADDL.

CITY CIVIL AND SESSIONS JUDGE AT BANGALORE.

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.2 under Section

483 of BNSS praying to grant bail in Crime No.16 of 2025 of R.T.Nagar Police Station for offences under Section

61(2), 140(1), 103 and 3(5) of BNS.

2. Heard learned counsel for petitioner and learned HCGP for respondent/State.

3. Learned counsel for petitioner would contend that the statement of eye witnesses namely CW.5 to CW.7 have been recorded after arrest of the petitioner. No weapons are used to assault the deceased. The complainant before whom the deceased has given dying declaration has stated only name of accused No.1 and he has not disclosed names of others. Accused Nos.3 to 8, who are similarly placed to that of this petitioner, have been granted bail and therefore, the petitioner is entitled for grant of bail on the ground of parity. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. The petitioner is ready to abide by any terms and conditions to be imposed by this Court.

With these he prays to allow the petition.

4. Per contra, learned HCGP would contend that CW.5 to CW.7 are eyewitness to the incident and they have identified this petitioner as the person assaulted and he has identified him in police station. The PM report indicates that the deceased has sustained 33 injuries. The offence alleged against the petitioner is punishable with death or imprisonment for life. With these he prayed to reject the petition.

5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record.

6. The accusation against the accused Nos. 1 to 6 that they assaulted the deceased with hands and dashed his head to the iron rod of the auto rickshaw and caused injuries. The other accused who are similarly placed to that of this petitioner i.e. accused nos. 3 to 8 have been granted bail by this Court in Crl.P.No.7933/2025, 7796/2025, 7769/2025, 8046/2025, 9933/2025 and 9233/2025. Considering the said aspect, the petitioner who is similarly placed to that of the other accused who are granted bail, is entitled for grant of bail on the ground of parity. Considering the above aspect, the petitioner has made out a case for grant of bail with conditions. In the result, the following:

ORDER

Petition is allowed. The petitioner is granted bail in Crime No.16/2025 of R.T.Nagar Police Station subject to following conditions:

(i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like- sum to the satisfaction of the jurisdictional Court.

(ii) Petitioner shall not directly or indirectly tamper the prosecution witnesses.

(iii) Petitioner shall not indulge himself in committing any offence.

(iv) Petitioner shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.

(v) If the petitioner is found involved in commission of any offence and on registration of case against him, the prosecution can seek cancellation of his bai