MUJAHID PASHA v. NONE

(BY SRI. MOHAMMED TAHIR, ADVOCATE) …PETITIONERS AND: STATE BY D.J. HALLI PS REP BY STATE PUBLIC PROSECUTOR, Digitally signed by LAKSHMI T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:20802 CRL.P No. 4934 of 2025 C/W CRL.P No. 7208 of 2025 CRL.P No. 7226 of 2025 HC-KAR OFFICE AT ADVOCATE GENERAL OFFICE, HIGH COURT COMPLEX, OPP VIDHANA SOUDHA, BANGALORE-560 001. (BY SMT. RASHMI PATEL, HCGP) …RESPONDENT THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONERS / ACCUSED NO.10 AND 11 ON REGULAR BAIL IN S.C.NO.149/2021 ARISING OUT OF CRIME NO.79/2020 REGISTERED BY D.J. HALLI P.S., FOR THE ALLEGED OFFENCE U/S 143, 147, 148, 302 R/W 149 OF IPC, WHICH IS NOW PENDING BEFORE THE IV ADDL. CITY CIVIL AND SESSIONS JUDGE, AT MAYOHALL UNIT, BENGALURU (CCH-21). IN CRL.P NO. 7208/2025 BETWEEN:

#1. MUDASIR KHAN @ ANDUBA @ ANDU S/O MOHAMMAD KHAN, AGED ABOUT 20 YEARS, (AS PER CHARGE SHEET) NOW AGED ABOUT 25 YEARS, RESIDING AT 14TH CROSS, NEAR GOVINDAPURA SHOO FACTORY, GOVINDAPURA, A.C. POST, BENGALURU-560 045.

#2. SADIQ BAIG @ PAKATHI S/O BABU BAIG, AGED ABOUT 28 YEARS, (AS PER CHARGE SHEET) NOW AGED ABOUT 33 YEARS, RESIDING AT NO.15, 8TH CROSS, ANWAR LAYOUT, K.G.HALLI A.C. POST, BENGALURU-560 045. (BY SRI. PRAKASH T., ADVOCATE) ...PETITIONERS - 3 - NC: 2025:KHC:20802 CRL.P No. 4934 of 2025 C/W CRL.P No. 7208 of 2025 CRL.P No. 7226 of 2025 HC-KAR AND: STATE BY DEVARAJEEVANAHALLI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDINGS, BENGALURU-560 001. (BY SMT. WAHEEDA M.M., HCGP) ...RESPONDENT C.C.NO.52799/2020, THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO GRANT THE BAIL TO THE PETITIONER NO.1 & 2 / ACCUSED NO.5 & 6 RESPECTIVELY IN CR.NO.79/2020, DEVARAJEEVANA HALLI P.S., AS S.C.NO.149/2021, FOR THE OFFENCES PUNISHABLE FOR THE OFFENCES UNDER SECTION 302, 143, 147, 148, 149, IPC, PENDING ON THE FILE OF THE IV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, BENGALURU (CCH- 21). NUMBERED NOW IN CRL.P NO. 7226/2025 BETWEEN: SALMAN @ SETU S/O ABDUL GHANI, AGED ABOUT 25 YEARS, R/AT NO. 2ND CROSS, NEW BENGALURU LAYOUT, ST. THOMOS TOWN POST, BANGALORE-560 045. (BY SRI. PRAKASH T.,ADVOCATE) AND: STATE BY DEVARAJEEVANAHALLI POLICE STATION REPRESENTED BY ...PETITIONER - 4 - NC: 2025:KHC:20802 CRL.P No. 4934 of 2025 C/W CRL.P No. 7208 of 2025 CRL.P No. 7226 of 2025 HC-KAR STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDINGS, BANGALORE-560 001. (BY SMT. WAHEEDA M.M., HCGP) ...RESPONDENT THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO GRANT THE BAIL TO THE PETITIONER / ACCUSED NO.9 IN CR.NO.79/2020, NUMBERED AS S.C.NO.149/2021, FOR THE OFFENCES PUNISHABLE FOR THE OFFENCES UNDER SECTION 302, 143, 147, 148, 149, IPC, PENDING ON THE FILE OF THE IV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, BENGALURU (CCH-21). THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.5, 6, 9, 10 11 SC No.149/2021 pending before the Court of IV Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru, arising out of Crime No.79/2020 registered by Devarajeevanahalli Police Station, Bengaluru City, for the offences punishable under Sections 143, 147, 148, 302 r/w Section 149 of IPC, are before this Court in these successive bail petitions filed under Section 439 of Cr.P.C. seeking regular bail. - 5 - NC: 2025:KHC:20802 CRL.P No. 4934 of 2025 C/W CRL.P No. 7208 of 2025 CRL.P No. 7226 of 2025 HC-KAR

#3. Heard the learned counsel for the parties.

#4. FIR in Crime No.79/2020 was registered by Devarajeevanahalli Police Station, Bengaluru City, for the offences punishable under Sections 143, 147, 148, 302 r/w Section 149 of IPC against Younus and others based on the first information dated 29.2.2020 received from Imran Khan S/o Iqbal Khan, who is the brother of deceased Amjad Khan. During the course of investigation, petitioners herein were arrested on 2.3.2020. After completing investigation, charge sheet has been filed as against 14 persons and petitioners herein are arraigned as accused Nos.5, 6, 9, 10 and 11 in the charge sheet. Since their bail applications were rejected before jurisdictional Sessions Court, they had approached this Court earlier in Crl.P.Nos.9906/2021, 6928/2023, 8139/2020 and 6339/2024 which were rejected. Subsequently, material charge sheet witnesses were examined before the trial Court and thereafter a fresh bail - 6 - NC: 2025:KHC:20802 CRL.P No. 4934 of 2025 C/W CRL.P No. 7208 of 2025 CRL.P No. 7226 of 2025 HC-KAR application was filed before trial Court SC No.149/2021 by the petitioners herein which was rejected and therefore, they are before this Court in these three successive bail petitions.

#5. Learned counsel for the petitioners submits that all the material charge sheet witnesses have turned hostile to the case of the prosecution. The petitioners do not have any criminal antecedents and they are in custody for the last more than five years. Accused Nos.2 and 3 have been granted regular bail in Crl.P.No.5610/2025 disposed of on 29.4.2025. Accordingly, prays to allow these petitions on the ground of parity.

#6. Per contra, the learned HCGP who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioners.

#7. The material on record would go to show that FIR in the present case was initially registered against four named persons and others. During the course of - 7 - NC: 2025:KHC:20802 CRL.P No. 4934 of 2025 C/W CRL.P No. 7208 of 2025 CRL.P No. 7226 of 2025 HC-KAR investigation, 14 persons were arrested and in the charge sheet, petitioners are arraigned as accused Nos.5, 6, 9, 10 and 11. As per the charge sheet, CW1 is the first informant and CWs.13 to 16 are the alleged eye witnesses in the present case. The aforesaid eye witnesses have already been examined before the trial Court as PWs.6 and 11 to 14 and according to learned counsel for the petitioners, all the aforesaid eye witnesses have turned hostile to the case of the prosecution. Be that as it may, the fact remains that the petitioners who have no other criminal antecedents are in custody for the last more than five years. Considering the aforesaid aspect accused Nos.2 and 3 have been enlarged on bail by this Court in Crl.P.No.5610/2025 disposed of on 29.4.2025. Considering the period of petitioners' incarceration, I am of the opinion that without expressing any opinion on merits and demerits of the case, prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following: - 8 - NC: 2025:KHC:20802 CRL.P No. 4934 of 2025 C/W CRL.P No. 7208 of 2025 CRL.P No. 7226 of 2025 HC-KAR ORDER i. The petitions are allowed. ii. The petitioners/ accused Nos.5, 6, 9, 10 and 11 are directed to be enlarged on bail in SC No.149/2021 pending before the IV Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru, arising out of Crime No.79/2020 registered by Devarajeevanahalli Police Station, Bengaluru City, for the offences punishable under Sections 143, 147, 148, 302 r/w Section 149 of IPC, subject to the following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) Petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts appearance for valid reasons; - 9 - NC: 2025:KHC:20802 CRL.P No. 4934 of 2025 C/W CRL.P No. 7208 of 2025 CRL.P No. 7226 of 2025 HC-KAR c) Petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioners shall not involve in similar offences in future; e) Petitioners shall not leave the jurisdiction of the trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE TL List No.: 1 Sl No.: 43 CT:ar