[Cites 9, Cited by 0]
Karnataka High Court
Sri. Mohammed Eshsan.A vs State Of Karnataka on 27 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:12338
CRL.P No. 13701 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 13701 OF 2025
[(439(Cr.PC) / 483(BNSS)]
BETWEEN:
SRI. MOHAMMED ESHSAN.A
S/O AMJAB PASHA
AGED ABOUT 25 YEARS,
RESIDING AT
DUBBAGOTGE,
KASABA HOBLI,
MAGADI TALUK,
TAGIKUPPA POST,
RAMANAGAR - 562 120.
...PETITIONER
(BY SMT. NIVEDITHA PRAKASH, ADVOCATE)
AND:
Digitally signed by STATE OF KARNATAKA
LAKSHMINARAYANA BY MADANAYAKANAHALLI P.S.
MURTHY RAJASHRI
Location: HIGH
REPRESENTED BY
COURT OF PUBLIC PROSECUTOR,
KARNATAKA
HIGH COURT COMPLEX
BENGALURU - 560 001.
...RESPONDENT
(BY SRI. M R PATIL.,HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S
483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED
NO.1 ON BAIL IN CRIME NO.1007/2024 REGISTERED BY THE
MADANAYAKANAHALLI POLICE, FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 189(2), 191(2), 193(3),
-2-
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CRL.P No. 13701 of 2025
HC-KAR
140(1), 103(1), 238 READ WITH 190 OF BNS, 2023, PENDING
ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU IN
S.C.NO.71/2025.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused No.1 under Section
483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying
to grant bail in S.C.No.71/2025 (arising out of Crime
No.1007/2024 of Madanayakanahally Police Station
registered for offences punishable under Sections 189(2),
191(2), 193(3), 140(1), 238 and 103(1) read with Section
190 of Bharatiya Nyaya Sanhita, 2023.
2. Heard learned counsel for petitioner and
learned High Court Government Pleader for respondent -
State.
3. Learned counsel for petitioner would contend
that, accused Nos.3, 4, and 7 have been granted bail by
this Court. The petitioner/accused No.1 is similarly placed
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to that of accused Nos.3 and 4 have been granted bail.
Therefore, the petitioner is also entitled to grant for bail on
the ground of parity. With these, he prayed to allow the
petition.
4. Learned High Court Government Pleader for
respondent would contend that, the offence alleged
against the petitioner is a heinous offence. The case of the
prosecution is based on circumstantial evidence. With
these, he prayed for dismissal of the petition.
5. Having heard the learned counsels appearing
for parties, the Court has perused the charge sheet and
other materials placed on record.
6. The co-ordinate bench of this Court while
considering the bail petition of accused No.4 in the order
dated 02.07.2025 passed in Criminal Petition
No.7972/2025 has observed as under:
"3. FIR in Crime No.1007/2024 was registered
Madanayakanahally Police Station, Bengaluru
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District, initially for the offences punishable
under Sections 103(1), 238 of BNS, 2023,
against one Mahammad Esan and others based
on the first information dated 29.11.2024
received from Suresha Yadav cousin brother of
deceased Akhilesha Kumar Yadav. During the
course of investigation, petitioner herein was
arrested on 19.12.2024. Investigation of the
case is completed and charge sheet has been
filed against seven accused persons. Petitioner is
arrayed as accused no.4 in the charge sheet. His
bail application filed before the jurisdictional
Sessions Court in Crl. Misc. No.626/2025 was
rejected on 08.04.2025. Therefore, petitioner is
before this Court.
4. Perusal of the material on record would go to
show that Akhilesha Kumar Yadav was found
missing from 19.10.2024. Subsequently, a
missing complaint was lodged on 21.10.2024 by
the first informant in the present case before
Madanayakanahally Police Station, Bengaluru
District. It appears that during the course of
investigation of the said missing complaint, the
dead body of Akhilesha Kumar Yadav was found
and on 29.10.2024, police had summoned the
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first informant to identify the dead body
Akhilesha Kumar Yadav, and thereafter a UDR
case in UDR.NO.40/2024 was registered. During
the course of investigation of the said case, first
informant suspected foul play in the death of his
cousin brother and he suspected the hand of the
accused named in the FIR in the death of his
cousin brother, and therefore, the first
information was registered against Mahammad
Esan and others on 29.11.2024, During the
course of investigation, petitioner was arrested
on 19.12.2024. After completing the
investigation, charge sheet has been filed.
5. The entire case of the prosecution is based on
circumstantial evidence. Undisputedly, petitioner
herein has no other criminal antecedents. Before
the Trial Court, case is still at the stage of
hearing before charge. The prosecution has, in
all cited 67 charge sheet witnesses in the present
case, and therefore, chances of commencement
of trial and completion of the same in the near
future is very remote. The allegations found in
the charge sheet are required to be proved in a
full-fledged trial. Under the circumstances, I am
of the opinion that petitioner's prayer for grant of
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regular bail is required to be answered
affirmatively."
7. The overt act alleged against the petitioner and
the overt act alleged against accused No.4 who has been
granted bail is similar. Considering the said aspect, the
petitioner has made out a case for grant of bail on the
ground of parity. The petitioner is not having any criminal
antecedents.
8. Considering all the above aspects, the petitioner
has made out a case for grant of bail with conditions. In
the result, the following;
ORDER
The Criminal Petition is allowed. The petitioner is
granted bail in S.C.No.71/2025 (arising out of Crime
No.1007/2024 of Madanayakanahally Police Station,
subject to following conditions:
i) The petitioner shall execute personal bond
for a sum of Rs.1,00,000/- (Rupees One
Lakh only) with two sureties for the
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likesum, to the satisfaction of the
jurisdictional Court.
ii) The petitioner shall appear regularly on all
the dates of hearing before the Trial Court
unless the Trial Court exempts his
appearance for valid reason.
iii) The petitioner shall not directly or indirectly
threaten or tamper with the prosecution
witnesses.
iv) The petitioner shall not involve in similar
offences in future.
v) 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.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 4 Sl No.: 7
