IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No. 14214 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. JEESHAN

@ SYED MUBARAK

AGED 26 YEARS S/O.SYED ABZAL

RESIDING OPPOSITE TO

ABUBAKAR, MASIDI, PHOOL BAGH,

RAMANAGARA TOWN,

RAMNAGON DISTRICT-562 159.

…PETITIONER

(BY SRI. PARTHA SARATHY M, ADVOCATE)

AND:

1. STATE OF KARNATAKA

BY RAMANAGARA TOWN POLICE

Digitally signed by

LAKSHMINARA YANA REPRESENTED BY

MURTHY RAJASHRI

SPECIAL PUBLIC PROSECUTOR

Location: HIGH

COURT OF HIGH COURT BUILDING

KARNATAKA

BENGALURU-560 001.

…RESPONDENT

(BY SMT. PUSHPALATHA B ADDL. SPP)

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

U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.No.41/2025 RAMANAGAR P.S. ON THE FILE OF THE III ADDL.DISTRICT AND SESSIONS JUDGE, RAMANAGARA IN S.C.No.46/2025 FOR THE OFFENCE PUNISHABLE UNDER

SECTIONS 103(1),61,3(5) OF BNS IN THE ABOVE CASE.

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.41/2025 of Ramanagara Town Police Station registered for offences under Sections 103(1), 61, 3(5) of BNS pending in SC No.46/2025 on the file of III Additional District and Sessions Judge, Ramanagara.

2. Heard learned counsel for petitioner and learned Addl.SPP for respondent / State.

3. Learned counsel for the petitioner would contend that the overt act alleged against this petitioner is assault by hands to the deceased. Petitioner was not having weapon. The serious overt acts are alleged against Accused No.1, who stated to have assaulted the deceased with a knife on his stomach, hand and chest. The petitioner was discussing and asking the deceased how he got changed the property standing in the name of his father and uncle. Considering the same, the petitioner is entitled for grant of bail. With this he prayed to allow the petition.

4. Per contra, learned Additional SPP would contend that the petitioner has conspired with the other accused to kill the deceased. In furtherance of the said conspiracy he went and was asking the deceased regarding the act done by him by showing paper quarreled and assaulted him with hands. The charge sheet materials show prima-facie case against the petitioner for offences alleged against him. With this she prayed for dismissal of the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record.

6. The case of the prosecution as per charge sheet is that accused Nos. 1 to 3 conspired to kill the deceased. On

28.03.2025 at about 08.21 p.m. accused No.3 over phone asked the deceased to come to their area. The deceased came there and was talking with CW2 and CW3, at that time petitioner/accused No.3 by showing papers how he got prepared documents pertaining to his father and uncle and quarreled with him, holding his shirt and assaulted him and at that time accused No.1 came there and assaulted the deceased with knife on his stomach and chest due to which deceased died on the spot. Considering the above aspects there is no serious overt act alleged against this petitioner. The serious overt act is alleged against accused No.1 assaulting the deceased with knife. As the charge sheet is filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. The petitioner has undertaken to appear before the trial Court and abide by terms and conditions to be imposed by this Court. Considering the above, the petitioner has made out case for grant of bail with conditions. In the result, the following:

ORDER The petition is allowed. The petitioner is granted bail in Crime No.41/2025 of Ramanagara Town Police Station pending in S.C.No.46/2025 on the file of III Additional District and Sessions Judge, Ramanagara subject to following con