Baba Pasha Vs the State of Karnataka

THE STATE OF KARNATAKA BY MULBAGAL RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, DR.B.R.AMBEDKAR VEEDI, BENGALURU - 560 001.

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…RESPONDENT

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(BY SMT.RASHMI PATEL, HCGP)

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HC-KAR

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THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ORDER OF HIS RELEASE ON REGULAR BAIL IN S.C.NO.153/2025 IN CRIME NO.96/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTION 103(1) READ WITH 3(5) OF BNS, 2023 REGISTERED BY THE MULBAGAL RURAL POLICE STATION, ACCUSED NO.2., NOW PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT KOLAR.

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IN CRL.P NO. 14704/2025

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BETWEEN:

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IMRAN @ ABLU S/O. NAJEER AHAMMAD, AGED ABOUT 26 YEARS, R/O. HYDERINAGAR VILLAGE, MULBAGAL TOWN, KOLAR - 563 131.

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...PETITIONER

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(BY SRI. ANAND R.V., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY MULBAGAL RURAL POLICE STATION, KOLAR - 563 131. REP. BY STATE PUBLIC PROSECUTOR, ATTACHED HIGH COURT BUILDINGS, BENGALURU - 560 001.

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...RESPONDENT

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(BY SRI. CHANNAPPA ERAPPA, HCGP)

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THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE HIM ON

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HC-KAR

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REGULAR BAIL IN SC NO.153/2025 (CRIME NO.96/2025 MULBAGAL RURAL POLICE STATION, KOLAR DISTRICT) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1) READ WITH 3(5) OF BNS 2023, PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR.

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

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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Criminal Petition No.14057/2025 is filed by accused No.2 and Criminal Petition No.14704/2025 is filed by accused No.4. Both the petitions are filed under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in S.C.No.153/2025 (arising out of Crime No.96/2025 of Mulbagal Rural Police Station) registered for offences punishable under Sections 103(1) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023, pending on the file of II Additional District and Sessions Judge, Kolar.

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HC-KAR

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Heard learned counsels for petitioners and

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learned High Court Government Pleaders for respondent in both the petitions.

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Learned counsel for petitioners in both the petitions would contend that, no serious overact is alleged against these petitioners. The allegation against these petitioners is assault by hands. The serious overact is alleged against accused No.1 assaulting the deceased with iron rod on the chest, ribs, back and it is a stab by accused No.1. There are no eyewitnesses to the incident. The case is based on circumstantial evidence. The petitioners are not required for custodial interrogation. There are no criminal antecedents of these petitioners. With these, they prayed to allow the petitions.

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Per contra, learned High Court Government Pleaders for respondent in both the petitions would contend that, the postmortem report indicates that, death of the deceased was due to stab injuries. The charge sheet materials show that, there is a prima-facie case against

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HC-KAR

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these petitioners for the offences alleged against them. With these, they prayed for dismissal of the petitions.

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Having heard the learned counsels appearing

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for parties, the Court has perused the charge sheet and other materials placed on record.

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The case of the prosecution is that, the deceased had taken advance money to work as a cleaner in the vehicle of accused No.1. He did not come for work and he did not repay the advance amount. Therefore, accused No.1 on 30.03.2025 at 11.00 a.m. took the deceased on his bike and accused Nos.2 to 4 joined them and all of them consumed alcohol with C.W.17. After consumption of alcohol C.W.17 went back. Thereafter, accused Nos.1 to 4 made the deceased to consume alcohol and asked him to repay the advance amount and the deceased said he will not return advance money. At that time, accused Nos.3 and 4 held the deceased and accused No.1 stabbed the deceased with iron rod on his chest, ribs and back, accused No.2 assaulted the deceased with fist on his chest and

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HC-KAR

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accused No.4 assaulted the deceased with fist on his stomach.

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There are no eyewitnesses to the incident. The

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case is based on circumstantial evidence. The postmortem report indicates that, the case of death of the deceased is due to stab injuries. The stab injuries are alleged against accused No.1. The overtact is alleged against accused Nos.2 and 4 who assaulted the deceased by hands. As the charge sheet is filed, the petitioners are not required for custodial interrogation. No serious overtact is alleged against the petitioners/accused Nos.2 and 4. There are no criminal antecedents of the petitioners.

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Considering all the above aspects, the

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petitioners/accused Nos.2 and 4 have made out a case for grant of bail with conditions. In the result, the following;

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ORDER

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Both Criminal Petitions are allowed . The

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petitioners/accused Nos.2 and 4 are granted bail in

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HC-KAR

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S.C.No.153/2025 (arising out of Crime No.96/2025 of Mulbagal Rural Police Station) pending on the file of II Additional District and Sessions Judge, Kolar, subject to following conditions:

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i) The petitioners/accused Nos.2 and 4 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the like-sum to the satisfaction of the trial Court.

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ii) The petitioners/accused Nos.2 and 4 shall not tamper the prosecution witnesses either directly or indirectly.

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iii) The petitioners/accused Nos.2 and 4 shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV

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List No.: 1 Sl No.: 34

Baba Pasha v. the State of Karnataka

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Baba Pasha v. the State of Karnataka

Case brief

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