Gaffar Pasha Vs State by

THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL WHO IS ACCUSED IN SC.NO.5033/2025 ARISING OUT OF CR.NO.229/2025 REGISTERED BY THE RESPONDENT IN K.R.NAGARA P.S., FOR THE OFFENCE P/U/S 103(1),351(2) OF BNS, 2023, PENDING BEFORE THE HONBLE VIII ADDL. DISTRICT AND SESSIONS JUDGE, MYSURU, SITTING AT HUNSUR COURT AS SC.NO.5033/2025.

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

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NC: 2026:KHC:29668 CRL.P No. 17487 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in S.C.No.5033 of 2025 pending before the Court of VIII Additional District and Session Judge, Mysuru (sitting at Hunsur) arising out of Crime No.229 of 2025 registered by K.R. Nagar Police Station, Mysuru District, for offences punishable under Sections 103(1), 351(2) of BNS, 2023 is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.229 of 2025 was registered by K.R. Nagar Police Station, Mysuru District, initially for offence punishable under Section 103(1) of BNS, 2023 against the petitioner herein, based on the first information dated 28.05.2025 received from Sri Khaleel Ulla, father of deceased Sanaulla. During the course of investigation of the said case, petitioner was arrested on 29.05.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application

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HC-KAR

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filed before the jurisdictional Sessions Court in S.C.No.5033 of 2025 was rejected on 15.10.2025. Therefore, he is before this Court.

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Perusal of the material on record would go to show that, deceased Sanaulla was found missing from his house on 25.05.2025 and therefore his father Khaleel Ulla - CW1, had approached Hunsur Town Police Station on 26.05.2025 and had lodged a missing complaint, based on which, FIR was registered in Crime No.141 of 2025. On 28.05.2025, a dead body of a male was recovered within the limits of K.R. Pet Rural Police Station and after receiving information about the same, CW1 had gone to the spot where the dead body was recovered and after identifying the said dead body, he had approached the police on 28.05.2025 and submitted a first information, based on which, FIR was registered against the petitioner for the aforesaid offences.

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According to the first informant, petitioner allegedly

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was roaming around in their village, stating that he had committed the murder of his co-brother Sanaulla and it is

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4 - NC: 2026:KHC:29668 CRL.P No. 17487 of 2025

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HC-KAR

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under these circumstances, FIR was registered against the petitioner.

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In the charge sheet which is filed subsequently, it is alleged that petitioner had borrowed some gold jewelry from deceased Sanaullah, who was his co-brother and had not returned the same. Sanaullah was therefore demanding the petitioner to return the said gold jewelry and it is under these circumstances petitioner allegedly decided to eliminate Sanaulla and on 25.05.2025 he along with CW3 - Syed Fahid @ Babulu took the deceased in his motorbike near Kaveri bridge at Degganahalli - Sangapura village, K.R. Nagar Taluk and after quarreling with him, pushed him to Kaveri river and committed his murder.

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CW3 is cited as an eye witness in the charge sheet. Incident in question had taken place at about 09.00 p.m. on 25.05.2025. First information was submitted on 28.05.2025. Thereafter, statement of CW3 was recorded under Section 161 of Cr.P.C, by the police on 29.05.2025. Subsequently, his statement under Section 164 of Cr.P.C, was recorded on 02.08.2025.

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HC-KAR

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A reading of his statement under Section 161 and Section 164 of Cr.P.C, would go to show that there is certain discrepancy in the said statements. CW3 in his statement under Section 164 of Cr.P.C, has stated that immediately after the incident had taken place on 25.05.2025, since he was not well, he did not go to the police station and on the next day he had gone to K.R. Nagar police station and had informed them about the incident. If that is so, police had received information about the murder committed on 26.05.2025 itself. However, no FIR was registered and on the other hand, FIR has been registered for the first time on 28.05.2025, based on the first information received from the father of the deceased, who suspected the hand of the petitioner.

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Except CW3, there are no other eyewitnesses to the incident in question and the entire case of the prosecution otherwise depends upon circumstantial evidence. Petitioner has no other criminal antecedents. He is in custody for the last more than 1 year. Trial in the case is yet to commence. Under the circumstances the following:-

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NC: 2026:KHC:29668 CRL.P No. 17487 of 2025

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HC-KAR

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ORDER

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Criminal petition is allowed.

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The petitioner is directed to be enlarged on bail in S.C.No.5033 of 2025 pending before the Court of VIII Additional District and Session Judge, Mysuru (sitting at Hunsur) arising out of Crime No.229 of 2025 registered by K.R. Nagar Police Station, Mysuru District, for offences punishable under Section 103(1), 351(2) of BNS, 2023, subject to the following conditions:

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a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future.

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HC-KAR

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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NMS

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List No.: 1 Sl No.: 51

Gaffar Pasha v. State by

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Gaffar Pasha v. State by

Case brief

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