Full Judgment Text
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NC: 2026:KHC:11254
CRL.P No. 1060 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 24 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
TH
15 CROSS, GOVINDPURA MAIN ROAD
BANGALORE-560 045.
2. MOHAMMED HANEEF @ HANEEF
S/O. MOHAMMED AZAM
AGED ABOUT 34 YEARS
TH
R/A. No.45, 12 CROSS
NEAR KOUSAR MASZID, RASHAD NAGAR
ARABIC COLLEGE POST
GOVINDPURA MAIN ROAD
BANGALORE-560 045.
RASHAD NAGAR, GOVINDPURA
BENGALURU-560 045.
…PETITIONERS
(BY SRI K. RAMA SINGH, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY GOVINDAPURA POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUTOR,
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH
COURT OF
KARNATAKA
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CRL.P No. 1060 of 2026
HC-KAR
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.
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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
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HC-KAR
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,
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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
prosecution is based on circumstantial evidence.
There is a recovery of autorikshaw belonging to
accused No.4 wherein three blood stained shirts
of the accused persons and weapons used have
been seized. There is a CCTV footage contains
movement of two persons getting down from
autorikshaw and assaulting the deceased. The
said two persons are not identified in the said
CCTV footage. As the case of the prosecution is
based on circumstantial evidence, the
prosecution has to prove each of the
circumstances. The petitioner is in judicial
custody since 25.04.2025 and as the charge
sheet is filed, he is not required for further
custodial interrogation. There are no criminal
antecedents of the petitioner.”
7. The accusation against accused Nos. 2 and 3 is
that in furtherance of the conspiracy, they went in the
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Autorikshaw of accused No. 4 with deadly weapons, got
down from the Autorikshaw and assaulted the deceased
with a long chopper on his head and face and committed
his murder. Considering the same, the accusation against
both accused No. 2 and 3 is the same. The accusation
against accused No. 1 is that he conspired with accused
Nos. 2 to 4 to kill the deceased as the deceased had
betrayed their friendship and married his wife when he
was in judicial custody in some other case. There is no
allegation that petitioner No. 1 - accused No. 1 was
present on the spot at the time of incident.
8. Considering the above aspects, petitioners are
entitled for grant of bail on the ground of parity. As
chargesheet is filed petitioners are not required for further
custodial interrogation.
9. Considering the above aspects the petitioners
have made out case for grant of bail with conditions
In the result following;
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O R D E R
Petition is allowed. Petitioners are granted bail in
Crime No. 127/2025 of Govindapura Police Station subject
to following conditions.
I. Petitioners shall execute a personal bond for a
sum of Rs.1,00,000/- each with one surety for
the like-sum to the satisfaction of the
Jurisdictional Court.
II. Petitioners shall not tamper the prosecution
witnesses either directly or indirectly.
III. Petitioners shall appear before the trial Court
on all dates of hearing unless exempted by the
Court and cooperate for speedy disposal of the
case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
List No.: 1 Sl No.: 42
Ct.sm