Mohammed Raiyan Vs State of Karnataka

THIS CRIMINAL PETITION IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITOINER ON BAIL IN CR.NO.305/2025 REGISTERED BY HUNSURU TOWN P.S., HUNSURU, MYSURU DISTRICT, PENDING IN S.C.NO.5014/2026 ON THE FILE OF HON'BLE VIII ADDL. DISTRICT AND SESSIONS JUDGE, MYSURU, SITTING AT HUNSURU, FOR THE OFFENCES P/U/S 189(2),191(2),191(3),118(1),61(a)(a),238(a),103 R/W 190 OF BNS, 2023.

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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 S VISHWAJITH SHETTY

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ORAL ORDER

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1. Accused No.5 in S.C. No.5014/2026 pending before the Court of VIII Additional District and Sections Judge, Mysuru, sitting at Hunsuru arising out of Crime No.305/2025 registered by Hunusur Town Police Station, Mysuru for the offences punishable under Sections 189(2), 191(2), 191(3), 118(1), 103, 61(1)(a), 238(a) and 190 of BNS, 2023 is before this Court in this criminal petition filed under Section 483 of BNSS seeking regular bail.

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NC: 2026:KHC:29802 CRL.P No. 5841 of 2026

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HC-KAR

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2. Heard the learned counsel appearing for the parties.

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3. FIR in Crime No.305/2025 was registered by the Hunusur Town Police Station Mysuru initially for the offences punishable under Sections 189(2), 191(2), 191(3), 118(1), 103 and 190 of BNS, 2023 against Ajaz Pasha, Mohamad Saad and three others based on the first information dated 07.11.2025 received from Umar Uddin Khan (CW.1). During the course of investigation, petitioner herein was arrested on 09.11.2025 and subsequently, remanded to judicial custody. After completing the investigation, charge sheet has been filed against five persons and petitioner is arraigned as accused No.5 in the charge sheet. His bail application filed before the trial Court in Crl.Misc.No.5051/2026 was rejected on 18.03.2026. Therefore, he is before this Court.

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4. Learned Senior counsel appearing for the petitioner having reiterating the grounds urged in the petition submits that the petitioner has no other criminal antecedents. Only allegation against him is that his services were engaged by accused Nos.1 to 4 to inform the whereabouts of the deceased. Investigation of the case is now completed and charge sheet is

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HC-KAR

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filed. Allegation of assaulting the deceased with deadly weapons is only against accused Nos.1 to 4. Accordingly, he prays to allow the petition.

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5. Per contra, learned HCGP has opposed the petition on the ground that there are eye witnesses to the incident in question. However, he does not dispute the submission made on behalf of the petitioner.

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6. First information in the present case was submitted by Umar Uddin Khan, who is the alleged eyewitness to the incident in question. In the first information, petitioner's name is not found. During the course of investigation, petitioner was arrested on 09.11.2025. After completing the investigation, charge sheet is filed against five persons. In the charge sheet it is alleged that accused No.1 and the deceased had some property dispute and therefore, they had developed ill-will against each other. Accused No.1 had learnt from CW.24 and CW.25 that deceased was planning to commit his murder. Accused No.1 had met with an accident on 02.08.2025 and after he received the aforesaid information from CW.24 and

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HC-KAR

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CW.25, he presumed that deceased-Khijar Pasha and his son

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were the persons behind the said accident.

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7. It is in this background, accused Nos.1 to 4 conspired

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together and decided to commit the murder of Khijar Pasha. Since they were not able to find out his whereabouts, they allegedly took the assistance of the petitioner herein and on 07.11.2025, when the petitioner and Khijar Pasha were talking to each other, after attending a salath pooja in the house of CW.2, accused Nos.1 to 4 who came there, armed with deadly weapons, assaulted Khijar Pasha with the said weapons and committed his murder and thereafter, escaped from the spot. There is no allegation against the petitioner about he conspiring with accused Nos.1 to 4 to commit the murder of deceasedKhijar Pasha nor there is any allegation against him about he assaulting the deceased on the alleged date of incident. Undisputedly, petitioner has no criminal antecedents and he is in custody from 09.11.2025. Investigation of the case is completed and charge sheet is filed. U nder the circumstances, I am of the view that his prayer for grant of regular bail is to be answered in the affirmative.

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NC: 2026:KHC:29802 CRL.P No. 5841 of 2026

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HC-KAR

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The petition is allowed. The petitioner is directed to be enlarged on bail in S.C. No.5014/2026 pending before the Court of VIII Additional District and Sections Judge, Mysuru City, sitting at Hunsuru arising out of Crime No.305/2025 registered by Hunusur Town Police Station, Mysuru for the offences punishable under Sections 189(2), 191(2), 191(3), 118(1), 103, 61(1)(a), 238(a), 190 of BNS, 2023 s ubject to the following conditions:

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a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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)

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JUDGE

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VBS

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List No.: 1 Sl No.: 73

Mohammed Raiyan v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Mohammed Raiyan v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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