IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 1060 OF 2026 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. MR SYED ABBAS @ ABBAS S/O. LATE. SYED IMTIYAZ AGED ABOUT 42 YEARS RESIDING AT No.05 MBS MANSION APARTMENT

15^TH CROSS, GOVINDPURA MAIN ROAD BANGALORE-560 045.

2. MOHAMMED HANEEF @ HANEEF S/O. MOHAMMED AZAM AGED ABOUT 34 YEARS R/A. No.45, 12^TH CROSS NEAR KOUSAR MASZID, RASHAD NAGAR ARABIC COLLEGE POST Digitally signed by GOVINDPURA MAIN ROAD LAKSHMINARA YANA BANGALORE-560 045.

MURTHY RAJASHRI Location: HIGH RASHAD NAGAR, GOVINDPURA COURT OF BENGALURU-560 045.

KARNATAKA …PETITIONERS (BY SRI K. RAMA SINGH, ADVOCATE)

AND:

1. STATE OF KARNATAKA BY GOVINDAPURA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BENGALURU - 560 001.

…RESPONDENT (BY SRI MOHD. AYUB ALI, ADDL. SPP)

THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C. (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME No.127/2025 AND IN S.C. No.1220/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 190, 49, 61(2), (a) 241 R/W 3(5)

OF BNS-2023.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

1. This petition is filed by accused Nos. 1 and 2 under Section 483 of BNSS praying to grant bail in Crime No. 127/2025 of Govindapura Police Station registered for offence under Sections 103(1), 190, 49, 61(2)(a), 241 read with Section 3(5) of BNS pending in S.C. No. 1220/2025 on the file of LXXIV Additional City Civil and Sessions Judge, Bengaluru (CCH-75).

2. Heard learned counsel for petitioners and learned Additional SPP for respondent - State.

3. Learned counsel for petitioners would contend that accused No. 3 has been granted bail by this Court by order dated 19.01.2026 passed in Crl.P. No. 17324/2025. Petitioners are similarly placed to that of accused No. 3 who has been granted bail and therefore they are entitled for grant of bail on the ground of parity. Accused No. 1 was not present on the spot at the time of incident. Allegation against him is conspiracy with accused Nos. 2 to 4 to kill the deceased. Case for the prosecution is based on circumstantial evidence. As chargesheet is filed, petitioners are not required for further custodial interrogation. With this he prayed to allow the petition.

4. Per contra learned Additional SPP would contend that accused Nos. 1 to 4 conspired to kill the deceased as he had betrayed their friendship by marrying wife of accused No. 1 when he was in judicial custody. The movement of two persons who got down from Autorickshaw has been captured in CCTV and CCTV footage has been seized. The offence alleged against the petitioners is a heinous offence punishable with death or imprisonment for life. Petitioner No. 1 - accused No. 1 is having criminal antecedents and involved in three cases.

With this he prayed to dismiss the petition.

5. Having heard learned counsel for the parties, this Court has perused the chargesheet and other materials placed on record.

6. This Court while granting bail to accused No. 3 in the order dated 19.01.2026 passed in Crl.P. No.

17324/2025 has observed as under:

“6. The accusation in column-17 of the charge sheet is that, the deceased Irfan Khan had developed an illicit intimacy with the wife of accused No.1 and subsequently he married her when accused No.1 was in the judicial custody. The same was informed by accused Nos.3 and 4 to accused No.1. The deceased and accused Nos.1 to 4 are friends. As the deceased has betrayed the friendship, they intended to take revenge against him and therefore they conspired. In furtherance of the conspiracy, accused No.4 took accused Nos.2 and 3 in his autorikshaw to the spot, where accused No.2 and 3 got down from autorikshaw and assaulted the deceased with a long chopper on his head and face and committed his murder. The case of the prosecu