Syed Asif Vs State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL, WHO IS ACCUSED IN CR.No.123/2023 (SC No.125/2023) BY THE RESPONDENT AJJAMPURA POLICE, ON THE FILE OF I ADDL. DIST. AND SESSIONS JUDGE AT CHIKKAMAGALURU COURT, FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC.

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NC: 2025:KHC:40343 CRL.P No. 9599 of 2025

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HC-KAR

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THIS PETITION 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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This petition is filed by sole accused under Section 439 of Cr.P.C seeking grant of bail in Crime No.123/2023 pending in S.C.No.125/2023 on the file of I Additional District and Sessions Judge, Chikamagaluru registered for offence under Section 302 of IPC.

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Heard learned counsel for the petitioner and learned HCGP for respondent.

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Learned counsel for the petitioner would contend that there are no eyewitnesses to the incident and the case of the prosecution is based on circumstantial evidence. Except last seen by CW.1 and 8 and recovery of blood stained clothes and cash there are no other circumstances against the petitioner. Charge sheet is filed and the petitioner is in judicial custody since 05.06.2023. The

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3 - NC: 2025:KHC:40343 CRL.P No. 9599 of 2025

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HC-KAR

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cause of death has not been stated by the Doctor as FSL report is kept pending. With this, he prays for grant of bail to the petitioner.

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Per contra, learned HCGP contends that the petitioner in order to rob the money took the deceased who was blind under the guise that he will leave him to the lodge and instead took to a ground and robbed cash of Rs.740/- and threw a stone on his head and caused his death. He contends that out of robbed amount Rs.210/has been recovered from the petitioner and at his instance blood stained clothes have been recovered. He further submits that FSL report is not yet received. The offence alleged against the petitioner is punishable with death or imprisonment for life. With this, he prayed to reject the petition.

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Having heard learned counsels, the Court has perused charge sheet papers and other materials placed on record.

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4 - NC: 2025:KHC:40343 CRL.P No. 9599 of 2025

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HC-KAR

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The accusation against the petitioner is that on 02.06.2023, he took the deceased under the guise that he will take him to lodge and instead took him to an open air theatre and assaulted him with stone, robbed cash of Rs.740/-. There are no eyewitnesses to the incident and the case of the prosecution is based on circumstantial evidence. There is a recovery of Rs.210/- from the petitioner and also blood stained clothes at his instance under mahazar. The Doctor who conducted PM examination

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has kept cause of death pending receipt of FSL report. The petitioner is in custody since 05.06.2023. The prosecution has to establish each of the circumstances to prove the charges against the petitioner. Considering the said aspect, the petitioner has made out a case for grant of bail with conditions. In the result, the following:

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ORDER

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Petition is allowed.

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Petitioner is granted bail in Crime No.123/2023 pending in SC No.125/2023 on the file of the I Additional

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