IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

CRIMINAL PETITION NO. 17198 OF 2025 (439(Cr.PC)/

483(BNSS))

BETWEEN:

1. SYED ANSAR @ ANSAR

S/O LATE SYED CHAND PASHA,

AGED ABOUT 26 YEARS,

R/AT BEHIND ATHEEK MASJID,

NEAR MARAMMA TEMPLE, DAYANANDA NAGAR SLUM, SOMESHWARA NAGARA,

JAYANAGARA 1^ST BLOCK,

BENGALURU - 560 011

2. UMAR KHAN @ UMAR

S/O NASRULLA KHAN,

AGED ABOUT 41 YEARS,

Digitally R/AT BEHIND ATHEEK MASJID,

signed by

NEAR MARAMMA TEMPLE, DAYANANDA

RAMYA D

NAGAR SLUM, SOMESHWARA NAGARA,

Location:

HIGH JAYANAGARA 1^ST BLOCK,

COURT OF BENGALURU - 560 011

KARNATAKA

…PETITIONERS

(BY SRI. KARTHIK.G.BILLAVA, ADVOCATE FOR

SRI. MOHANKUMAR D., ADVOCATE)

AND:

STATE OF KARNATAKA

BY SIDDAPURA POLICE STATION,

BENGALURU

REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU 560 001 …RESPONDENT (BY SRI.CHANNAPPA ERAPPA, HCGP)

THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER NOs.1 AND 2/ACCUSED NOs.1 AND 2 ON REGULAR BAIL IN CR.NO.306/2024 REGISTERED BY RESPONDENT SIDDAPURA P.S., BENGALURU CITY, FOR THE OFFENCES P/U/S 103(1),3(5) OF BNS, 2023, U/S 25(1B)(b) OF INDIAN ARMS ACT, 1959, PENDING ON THE FILE OF THE LEARNED LXII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN SC.NO.323/2025.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused Nos.1 and 2 in SC.No.323/2025 pending before the Court of LXII Addl. City Civil and Sessions Judge, Bangalore, arising out of Crime No.306/2024 registered by Siddapura Police Station, Bangalore, for offences punishable under Section 103(1) r/w Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Section 25(1B)(b) of Indian Arms Act, 1959, are before this Court in this successive bail petition filed under Section 439 of Cr.P.C., r/w Section 483 of BNSS seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.306/2024 was registered by Siddapura Police Station, Bangalore, initially for the offence punishable under Section 109 r/w Section 3(5) of BNS, 2023, against the petitioners herein and another based on the first information dated 17.12.2024 received from Nagina Banu wife of Fairoz Khan who is the maternal aunt of deceased Salman Khan. During the course of investigation, petitioners herein who were arrested on 17.12.2024 were produced before the Court and remanded to judicial custody on 18.12.2024. Injured Salman Khan who was admitted in the hospital died subsequently and therefore, Section 103 of BNS, 2023 was invoked in the present case against accused persons. After completing investigation, charge sheet has been filed in the present case against three persons. The bail application filed by the petitioners herein who are arraigned as accused Nos.1 and 2 in the charge sheet was rejected by the trial Court and therefore, they had approached this Court in Criminal Petition No.4261/2025, which was dismissed as withdrawn on 11.06.2025 with liberty to the petitioners to renew their bail application after examination of the alleged eye witness C.W.1 is completed before the trial Court. Subsequently, the petitioners have filed a fresh bail application before the trial Court in SC.No.323/2025, which was rejected on 04.12.2025. Therefore, they are before this Court in this successive bail petition.

4. Learned counsel for the petitioners submits that the petitioners do not have any criminal antecedents and they are in custody for more than one year. All the material charge sheet witnesses have been already examined in the present case including C.W.1 and none of them have supported the case of the prosecution. He submits that accused No.3 has been granted regular bail by this Court in Crl.P.No.6084/2025. Accordingly, he prays to allow the petition.

5. Per contra, learned HCGP who has opposed the petition, however, does